Taking One for the Team: COVID-19 Eviction Moratoria as Regulatory Takings

Authors

Charles Kausen

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Comment

Abstract

This Comment explores potential Fifth Amendment challenges to COVID-19 eviction restrictions. Part II introduces California and federal COVID-19 eviction laws and lays out an organizational framework for analysis. Part III provides background on relevant regulatory takings jurisprudence. Part IV analyzes COVID-19 residential eviction laws under relevant regulatory takings tests. Part V considers judges’ potential impact on eviction moratorium challenges. Finally, Part VI proposes the solution that the Federal Government should pass legislation to provide direct rent relief for COVID-19-affected tenants.

Recommended Citation

Charles Kausen, Taking One for the Team: COVID-19 Eviction Moratoria as Regulatory Takings, 59 San Diego L. Rev. 345 (2022).
Available at: https://digital.sandiego.edu/sdlr/vol59/iss2/5