Court of Appeals Rules That Minnesota Eviction Moratorium Case Can Continue

April 7, 2022

On April 5, the Eighth Circuit Court of Appeals ruled that a lawsuit filed by metro-based Heights Apartments, challenging the constitutionality of an executive order from Gov. Tim Walz, can move forward.  

In late May 2021, the MMA along with the AMA Litigation Center submitted an amicus brief in support of Walz’s eviction moratorium he declared at the start of the COVID-19 pandemic. Walz’s executive order was done to prevent the spread of the virus that would likely occur if individuals were evicted and forced to stay in crowded shelters or move in with family.  

Heights Apartments challenged the executive order claiming that it was unconstitutional. Heights Apartments appealed the District Court’s dismissal of the case.  

The amicus brief argued the significant public health implications that would occur if the moratorium were to be revoked. An estimated 30 percent of Minnesota renters were already at risk of eviction at the start of the public health emergency. 

Earlier this week, the Court of Appeals made the decision to reverse the District Court’s dismissal, allowing the lawsuit to move forward on its constitutional claims. The decision did not address the merits of Walz’s eviction moratorium.