Posted on 02/26/2021 8:28:03 AM PST by eastforker
A federal judge in Texas on Thursday ruled that the federal moratorium on evictions is unconstitutional, according to court documents.
US District Judge John Barker, who was appointed by then-President Donald Trump to the court in the Eastern District of Texas, stopped short of issuing a preliminary injunction, but said he expected the US Centers for Disease Control and Prevention to respect his ruling and withdraw the moratorium. "The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium. It did not do so during the deadly Spanish Flu pandemic. Nor did it invoke such a power during the exigencies of the Great Depression. The federal government has not claimed such a power at any point during our Nation's history until last year," Barker wrote. Although the Covid-19 pandemic persists, he said, "so does the Constitution."
(Excerpt) Read more at cnn.com ...
How did it take this long for a suit?
In Alabama landlords can apply for emergency rent relief starting march 1st.
Does this ruling apply to the entire US or just the Federal District for Texas?
The entire US
Now lets see if the CDC voluntarily withdraws the moratorium or if the judge will file an injunction.
If the CDC has 30 days to respond to withdrawal, then they will simply wait for the Covid legislation to pass in the next two weeks which has the eviction moratorium.....
If not, they will fight...... Biden doesn’t want the egg on his face regarding mass evictions.....
There is an eviction moratorium in the covid legislation?
Yep...through September 30th...
This has been insane for landlords. A basic abolition of private property.
Note they never cancelled property taxes.
We need to open things back up and let this virus take who it’s going to. Fact is you are not going to stop the virus only slow it down at best.
Tell me about it. I have a renter that hasn’t paid since last May.
I am so sorry. It is legalized theft on a grand scale.
If they had suspended property tax and homeowner insurance requirements and obligation to maintain and repair at the same time I’d be less outraged but it is still so wrong.
The Dec covid that passed they gave states money for emergency rent relief for landlords. In my state of Alabama I can apply for that starting monday March 1st.
We rent a small house out. Our tenet was deemed an essential worker and so she paid pretty much on time every month from the beginning of this disaster. Had she chose not to pay, we would have just walked away from the house and let the bank have it. The loan terms are 5#!tty as it is.
The government should be on the hook for every dime you are owed. They caused every aspect of this disaster and now you’re left to pay for it? It’s absolutely disgusting.
I knew that. From the start I said that the government has no right to invalidate a valid contract between two parties. I don’t care if Trump decreed it, he had no right to do so.
They have no right. All other considerations have no importance next to that one.
In Louisiana there’s a moratorium too but I’m not sure if it’s imposed by the governor or federal level.
The government also had no right to shut down businesses in the name of a bad flu.
But they did.
The evil mom & pop landlords are being forced out to make room for the socially conscious hedge fund landlords to takeover.
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