National Association of Realtors supports takings challenge to eviction moratorium

Client(s) National Association of Realtors

Jones Day filed an amicus curiae brief in the U.S. Court of Appeals for the Federal Circuit on behalf of the National Association of Realtors in a Takings Clause case brought by rental property owners against the federal government to obtain just compensation for losses attributable to the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions. The brief argues that the eviction moratorium effected a physical taking of property without just compensation because it eviscerated property owners' right to exclude, a fundamental element of property rights. The brief also argues that the Court of Federal Claims was wrong to conclude that the plaintiffs did not have a cognizable takings claim simply because the Supreme Court held that the eviction moratorium was unlawful. On August 7, 2024, the Federal Circuit issued an opinion agreeing with the National Association of Realtors that the CDC’s eviction moratorium effected physical takings requiring just compensation under the Fifth Amendment.

Jones Day previously represented the Alabama Association of Realtors and the Georgia Association of Realtors in the Supreme Court case that blocked the CDC's eviction moratorium.

Darby Development Co. v. United States, No. 22-1929 (Fed. Cir.)