Court date set for Memphis landlords disputing CDC eviction ban

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MEMPHIS, Tenn. — A court date has been set for seven Memphis landlords to present their case to a judge to end the eviction ban.

The landlords will present their case to a judge on October 30.

The CDC banned evictions until the end of the year to assist families who are at risk of losing their home due to COVID-19. The landlords own 5,000 properties in the Memphis area and claim the ban is unconstitutional.

The lawsuit reads the eviction ban violates their 5th Amendment right which states “no person shall…be deprived of life, liberty, or property without due process of law.” The landlords also claim they’ve had to bear a financial burden.

Joshua Kahane with Glankler Brown Attorneys is representing the landlords and said in a statement: “The issues to be argued at this hearing are of national significance and fundamental importance as they directly relate to core questions about the appropriate breadth of government action, civil liberties, and constitutional rights.”

Shelby County Mayor Lee Harris says the county has been steadily working to find additional ways to assist tenants and landlords.

“All of the eviction settlement help I’ve talked about is a negotiated settlement with the landlords,” Harris said. “That’s what we’re doing city and county is we’re negotiating settlements with the landlords.”

Until then, he’s encouraging everyone at-risk of eviction due to COVID to apply for the county’s $2 million eviction settlement fund, which he anticipates will be growing in funds later this year.

“At the end of the year, we expect to have an investment in settlement protection fund from the state that will carry us past January 1,” Harris said.

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