9th U.S. Circuit Court of Appeals
Aug. 31, 2023
9th Circuit revives challenge to eviction moratorium
“Iten’s injury for Article III purposes did not depend on whether Iten’s tenant provided notice or was otherwise excused from doing so,” wrote U.S. Circuit Judge Jay S. Bybee.
The 9th U.S. Circuit Court of Appeals on Wednesday revived a challenge to Los Angeles County’s eviction moratorium enacted during the COVID-19 pandemic, ruling that the plaintiff-landlord has standing to bring his claims under the Constitution’s contracts clause.
Retired auto mechanic Howard Iten sued the county in early 2021. He claimed that the moratorium, which provided tenants with an affirmative defense against eviction if they gave a...
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