Posted on 08/03/2021 8:47:29 PM PDT by SeekAndFind
As we previously reported, Joe Biden announced that the CDC would be coming down with a new temporary eviction moratorium order.
What was so stunning about Biden’s remarks is that he indicated he knew it was likely to not pass constitutional muster, his own advisors had said the day before that they didn’t have the legal authority, that they had “quadruple-checked it.” Yet he decided to do it anyway, caving under pressure from the progressives. But, in the process, he also said the quiet part out loud — that they were going to do it anyway even if it was unconstitutional because it would take time for the lawsuits that would be filed to get the order stayed.
The CDC has now issued a new eviction moratorium order that applies to counties with “substantial and high levels of community transmission” of the Wuhan coronavirus, the same standards as the mask requirements. That means 50 or more cases out of 100,000 people and that applies to most counties in the country.
The CDC order argued that they needed to order the moratorium because evicting people would cause more people to move and come in contact with others thus leading to more spread of the virus. They also argued that the Delta variant represented an unexpected change in the trajectory of the pandemic.
“In the context of a pandemic, eviction moratoria — like quarantine, isolation, and social distancing — can be an effective public health measure utilized to prevent the spread of communicable disease. Eviction moratoria facilitate self-isolation and self-quarantine by people who become ill or who are at risk of transmitting COVID-19 by keeping people out of congregate settings and in their own homes,”
The CDC said it would be in force until October 3.
By this reasoning, the CDC, on behalf of the government, could use this justification to order virtually anything, with the virus as a twisted justification. That’s a horribly slippery slope to go down, even beyond Barack Obama’s pen and phone. Now the government is justifying the theft of your property using the thin reed of a “medical” justification to serve a political agenda (as Bonchie noted in an excellent piece detailing the tyrannical penalties for “violating” this “law”). It’s particularly troubling that Biden admitted that’s what this is. That anything the CDC is saying is simply to buy them that time, that they don’t care about whether it’s legal or whether or not they are acting in accordance with the law. So much for respecting the rule of law.
As I wrote earlier, Biden (and the CDC) are basically spitting in the eye of the Supreme Court because of the concurrence by Justice Brett Kavanaugh that indicated he would not go along in a further extension.
In the Supreme Court decision on June 29, Alabama landlords had challenged the moratorium. The liberal majority upheld the moratorium with Justice Brett Kavanaugh concurring, 5-4.
Although Kavanaugh concurred, he made it clear that he would not go along with it in the future and that he was only going along with it because it was ending in a month anyway. He argued it would give more time for the states to distribute the rental relief that Congress had voted for in the COVID bills.
“Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds, I vote at this time to deny the application to vacate the District Court’s stay of its order,” Kavanaugh wrote in brief concurrence. “In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
Yet Kavanaugh also said he agreed with the district court judge and the applicant landlords that the CDC had gone beyond its statutory powers in imposing such a moratorium, to begin with.
There was no legal basis for the moratorium, which amounts to an unconstitutional government taking of someone else’s property without compensation. Kavanaugh agreed that the CDC had gone beyond its powers. But because Kavanaugh decided to give them another month to give them time to distribute the funds, he gave Joe Biden an opening to pull a move like this.
So what will happen next? The new ban will likely be found illegal after the first lawsuit hits and it will be ultimately be upheld. But now it’s a waiting game till that happens. And it never should have taken this long when it was so clearly unconstitutional in the first place.
That explanation of Kavanaugh’s behavior and rationale on this issue portrays him as the most spineless, wishy-washy jellyfish imaginable.
Am I misreading this?
Kavanaugh ruled in support of an action he admitted knowing was illegal. Just because. Nice work, being a sinecure with a lifetime gig. Just another punk preppie made good.
This should be no surprise. Kavanaugh’s mentor was Mr. Kelo. Kavanaugh has a bias towards government taking private property.
The CDC has zero law making functions and is simply just another corrupt, unconstitutional federal agency of medical bureaucrats and compromised scientists. If I was a landlord, I would definitely sue.
What were the landlords expecting?
Justice?
Their own property back?
What if some state said - screw that, we are enforcing contracts and private property in our state?
As I have said before the Supremes are the ultimate swamp creatures. They come up through the swamp with almost no concept of how the rest of us live. They’re as much at fault as the Democrat party for the sorry state of our nation. The constitution doesn’t mean anything more to them than it does to Pelosi or Biden.
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Mark Levin said tonight that Kavanaugh is ultra sensitive to pressure from the left and wants to please Roberts.
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And once again FReepers are turning against a once darling.
I am predicting it won’t be long before when referring to Trump the FReeper cry will be “Off with his head!”
Another case of the changing times.
It has be quite saddening to watch the changes here over the last 23 years.
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And, the Press makes them out to be something they’re not, and gives them the angelic James Comey treatment.
Most of the justices hang out with Senators and have discussions about the political cases.
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This is part of the landlord process for Virginia, excluding Fairfax and Chesterfield counties:
Landlords should document their efforts to contact the tenant and make the tenant aware that participation in the program is voluntary, but can pay all of their arrears owed since April 1, 2020 and current/future months rent if they are deemed eligible at the time of application.
If a tenant remains uncooperative after efforts are made, you may wish to contact an attorney to learn more about your legal rights.
When a landlord submits an application through Virginia Housing for their tenant, how does the tenant sign the tenant agreement, authorization, and certification?
A tenant signs the tenant agreement and tenant certification, found on pages 5 and 6 of the paper application. Tenants can then provide those documents along with supporting documentation (Example: income documentation) to their landlord. The landlord uploads the application and supporting documents into Virginia Housing’s Grants Management System as part of the application process and submits to Virginia Housing for review. Virginia Housing staff will visually confirm the signatures during review. Virginia Housing also accepts electronic signatures on PDF as well.
When a tenant submits an application through the Support Center, how does the landlord submit the tenant’s ledger, their Virginia W-9, and sign the Landlord Agreement and Certification?
When a tenant creates their profile with the Support Center, they are given an application number and are asked for their landlord’s email address. If the landlord’s email is provided, the landlord will receive an email from the Support Center directly with a secure link allowing the landlord to provide the necessary information (i.e. the ledger, RRP Landlord Tenant Household Agreement, and their Virginia W-9) .
If a landlord’s email is not provided as part of the tenant application, the landlord and tenant must cooperate and have the landlord email their documents to the Support Center (rrplandlord@deval.us) referencing the application number in the subject line. Not referencing the application number in the subject line will cause delays in processing.
How and when will I receive payment?
Once an application is approved, payments are processed as quickly as possible and checks are sent by the U.S. Postal Service to the property owner or manager listed on the Virginia W-9 that was submitted as part of the application.
If an application is made through Virginia Housing, payments are made via direct deposit.
DHCD strongly advises that tenants and landlords cooperate with one another to provide a landlord email to ensure applications are processed and payments are received as quickly as possible.
If a tenant asks me (landlord) to submit documentation for their tenant application, how can I obtain an application number?
Each tenant receives an application number when they initiate the application process through the RRP Support Center. Landlords and tenants should communicate with one another and share this information.
If a property is purchased with a tenant(s) already in place and the lease is signed from a previous owner, how do we properly complete the landlord information if the W-9 and the lease are not matching?
The new owner should provide their Virginia W-9 as well as proof of sale of the property as an attachment to their application, showing the previous owner has sold the property to the owner listed on the Virginia W-9 submitted with the application.
Are Federal W-9’s acceptable or must they be Virginia W-9’s?
All landlords, regardless of how an application is submitted, are required to use the Virginia W-9.
https://dhcd.virginia.gov/rrp-landlord-faqs
No, you are reading it and interpreting it correctly.
And it never should have taken this long when it was so clearly unconstitutional in the first place.
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Same with the Kenyanesian Usurpation...
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Kavanaugh wrote the tortured Obamacare opinion to save Barack Obama’s agenda (in a lower court). Roberts later adopted the tortured reasoning (many believe after pressure was applied).
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This is part of the tenant process for Virginia, excluding Fairfax and Chesterfield counties:
The Virginia Rent Relief Program (RRP) has two ways to apply:
Landlords may start an application through Virginia Housing.
Tenants may start an application through the RRP Support Center.
There is a national moratorium on evictions in place until July 31, 2021. The moratorium was issued by the CDC for non-payment of rent. This protects some residential tenants who have fallen behind on rent from being evicted. This moratorium is not automatic and there are steps tenants must take to avoid an eviction. You must sign a declaration of eligibility and deliver it to your landlord or person with legal right to possession of the property. Please see the CDC FAQ for information on the process and if this applies to you.
If you are currently in the eviction process, it is important to note that when you are applying for assistance from RRP. It is also important that you receive legal help, which you can get for free by going here.
https://evictionhelpline.org/tenants/
DHCD has created an eligibility screening tool. Applicants are strongly encouraged to use this tool to help determine whether they qualify for RRP. The screening tool can be found here: www.dhcd.virginia.gov/eligibility
What are the eligibility requirements for the Rent Relief Program (RRP)?
There are three eligibility requirements for RRP. An applicant must:
Have a household income less than 80% of the Area Median Income (AMI);
Been directly or indirectly impacted by Covid-19 with either a decrease in income and/or an increase in expenses, and;
Have a monthly rent that is at or below 150% of the Fair Market Rent (FMR)
I am eligible and I already submitted an application, but I need to submit supporting documentation and check the status of my application. How do I do that?
Use your username and password to log into your account to submit documentation or to check application status. Usually, the email you used to create your account is your username.
If multiple roommates live in the same household, but only one roommate needs RRP assistance, they can apply for their portion only. The applicant does not need to include their roommates’ income on the application. If eligible, the applicant’s portion of the rent will be prorated and paid directly to the landlord. In this situation, the applicant must submit the Roommate Certification form to self-certify that they are living with a non-family member.
RRP does not provide assistance for expenses incurred at previous rental homes. A tenant may only receive aid for their current housing.
Applicants with housing vouchers or another form of rental assistance are eligible for RRP, but only for the tenant’s portion of their rent. These households can receive assistance for rent arrears as well as the current month and three future months of rent, as long as the lease covers the three future months.
Long-term Stays: Are applicants living in hotels/motels/AirBnB lodging eligible?
Yes, if they have been residents of the hotel/motel/Airbnb for 30 days or more and can provide documentation of their stay using a statement from the proprietor. In these circumstances, a billing statement can be used in lieu of a lease.
For determining current monthly gross income, RRP must obtain income documentation for each adult household member, including payments made to an adult on behalf of a child living in the home. Examples of income documentation include, but are not limited to: paystubs, unemployment compensation statements, SSI/SSDI benefit documentation, etc. If an applicant qualifies based on monthly income, an applicant can reapply for additional assistance every three months, but RRP must re-determine the household income eligibility each time for the duration of assistance.
If an applicant or any adult household member does not have income, a Zero Income Certification must be completed. When a tenant applies through the RRP Support Center, a Zero Income Certification is included within the application. When a landlord applies through Virginia Housing, the Zero Income Certification should be completed by the tenant and submitted by the landlord with the application. As necessary, the applicant must certify zero income for all adult household members.
If an applicant or adult household member does not use a bank or other financial institution and/or is paid in cash, the Cash Income Certification form must be completed by the applicant. This is done by the applicant by downloading the Cash Income Certification form, completing it, logging into the Support Center website and attaching it to their application. When a landlord applies through Virginia Housing, the Cash Income Certification should be completed by the tenant and submitted with the application.
When a tenant creates their profile with the Support Center, they are given an application number and are asked for their landlord’s email address. If the landlord’s email is provided, the landlord will receive an email from the Support Center directly with a secure link allowing the landlord to provide the necessary information (i.e. the ledger, RRP Landlord Tenant Household Agreement, and their Virginia W-9) .
The landlord/property owner/manager will receive an email with the RRP Landlord and Tenant Household Agreement with a copy to the applicant. The landlord submits the landlord and tenant household agreement signed by both the landlord and tenant as well as a Virginia W-9 via email to rrplandlord@deval.us with a subject line that includes the tenant’s last name and application number.
If I need proof of my application for court or for my landlord, how can I get that?
Login to your account, view your application status, take a screenshot
https://dhcd.virginia.gov/rrp-tenant-faqs
W-9 Request for Taxpayer Identification Number and Certification
https://www.jmu.edu/financeoffice/forms/W9_COVSubstitute_new.pdf
It’s certainly saddening for Bush League Republicans and their supporters who used to lauded around here.
They are now exposed as the Assistant Democrats they always were.
The Dun & Bradstreet D‑U‑N‑S Number is a unique nine-digit identifier for businesses.
info & create/lookup number:
https://www.dnb.com/duns-number.html
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