Skip to comments.Federal Judge Sides With Landlords, Vacates CDC’s Eviction Moratorium
Posted on 05/05/2021 6:20:46 PM PDT by SeekAndFind
A federal judge Wednesday vacated a nationwide freeze on evictions that was handed down by the Centers for Disease Control and Prevention (CDC) to help some renters remain in their homes during the COVID-19 pandemic.
The moratorium had been implemented as millions of people lost work due to lockdowns caused by the pandemic. The move, which was first implemented in the March 2020 CARES Act, was seen as a temporary fix for renters who were at risk of going homeless.
U.S. District Court Judge Dabney Friedrich ruled on the side of the plaintiffs, saying that the CDC exceeded its authority with the moratorium.
“The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not,” Friedrich wrote in a 20-page ruling. “The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision,” the judge added.
The Department of Justice (DOJ) said Wednesday it would appeal Friedrich’s ruling.
But Friedrich added that “it is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic.”
The eviction moratorium has been heard in other courts since it was implemented. Some courts have, in fact, said the CDC has the authority to issue the order and rejected efforts to stop the ban on evictions, although a judge in Ohio in March ruled the agency overstepped its authority
The Epoch Times has contacted the CDC for comment.
Luke Wake, an attorney at Pacific Legal Foundation, a group that represents landlords, said the ruling Wednesday suggests that the CDC is losing the fight in keeping the moratorium intact.
(Excerpt) Read more at theepochtimes.com ...
There will be no low cost housing at all. War has been declared on the middle class. They’re kulaks.
Some people apparently think it is just fine that renters can flip their middle fingers and not pay rent and get off scot free, and the landlords, because they are evil, just have to suck it up and take it.
Government has no problem with this point of view, because it is all in on class warfare.
I wonder if it’s time to start buying REIT ETFs??
The guberment wants to break the Middle Class down to poor and have to rely on the guberment to survive.
When the landlords go broke a lot of banks will too that loaned the money to the landlords. More guberment control.
See the pattern?
The left simply wants to expropriate all rental property. Period.
Help tenants with rent subsidies, not by unconstitutionally ripping-off landlords. Its basic equity. The landlords are not to blame for the tenants’ inability pay, so the cost of the help should not be borne solely by them.
RE: and the landlords, because they are evil, just have to suck it up and take it.
Many Landlords have to:
1) Pay property taxes
4) Other taxes
They get their ability to pay these through the rent.
How does it help the tenants of all of these are unpaid?
The left wants to expropriate ALL property that is not their own [under the more equal pigs doctrine of communism].
Now we need a similar ruling against the states. The states are violating the constitution by effectively ceasing control of private property.
My point exactly. When I said they were evil and had to suck it up and take it, that isn’t my sentiment at all. But I guarantee you, there are a lot of people who DO feel that way.
What I have a serious issue with is the government saying unilaterally (and not just the government...THE CDC!)
“Nobody can be evicted for non-payment of rent during this ‘crisis’...”
And then promising to give free money to renters while leaving the landlords high and dry.
I am not a landlord, but in today’s day and age, with all the legislation, section 8 housing, I think someone would be crazy to voluntarily be a landlord.
That is an underlying theme that I see as well. Not just in this, but in medicine, insurance, everything.
Are there big numbers of people who haven’t paid rent for an entire year? I know many lost jobs due to the economic shutdown. However, between many regaining jobs and the extended unemployment/stimulus payments, aren’t the majority able to pay their rent now?
I haven’t followed this subject too closely. But are we perhaps going to see rent forgiveness happen, in which case, the landlords lose out?
When people think of landlords, they may think of big real estate companies with big apartment complexes, and deep pockets to pay all the bills even if tenants don’t pay rent. But many rental housing units are owned by investors with just a handful of properties, who depend on tenants paying rent so they in turn can pay all of the property taxes and other operating expenses on the property.
This could get ugly.
There are big numbers of people who are behind on their rent or mortgage by several months. At one point it was estimated that 36 percent of all households in the country were behind on rent or mortgage payments. Many of these people will never catch up.
They are going to have to move eventually. There had better be some place for them to go and some way for them to make a living when they get there.
COVID lock-downs do not help.
“Government has no problem with this point of view, because it is all in on class warfare.”
Ah, the good ol’ days of class warfare. Today, the left are working overtime to start a race war. (That doesn’t rule out class warfare too.)
Yeah, yeah, it’s rough all over. If you want to live in the cave owned by me, you gotta compensate me somehow or GTFO!
Yes, I agree.
Don’t get me wrong-I am not looking at this monolithically from the Landlord side. I recognize the large number of people who, through no actions or choice of their own, were denied by our own damned government the ability to work for a living and pay rent.
For me, it all boils down to that...again.
I am re-reading Thomas Sowell’s remarkable book “A Conflict of Visions” where he discusses the “constrained” (conservative) views versus the “unconstrained” (Leftist) views on things, and it impacts squarely and directly to the root of the core problem here.
In the constrained view (which is the same view that a free and open competitive market can make far better choices through the individual actions of large numbers of people than could ever be made by a group of “intelligent” people sitting in a room deciding how much should be paid for products could ever do) this COVID BS could have resulted in a more just approach if people had been allowed to make their own decisions.
Fewer or more people might have been afflicted or died with a more egalitarian and commonsense approach at a more individual level to whose business got to stay open and who got to go to work, and like water seeking its own level, when people saw the effects approach a real and deadly pandemic where 5-10% of the afflicted died (not even like the Bubonic Plague with a mortality rate of 30-50%) you would not have the government forcing people to shut businesses, denying people the right to work, forcing them to quarantine or even making them wear masks. People would do all that on their own, and more.
But instead, we got a relatively small cabal of “intelligent” people who made those choices for us, because in their views, we are incapable of making them on our own. To them, we are “children” requiring the “adults” to make decisions for us.
And in this, we get a government now largely populated by people bent on “social justice” and class warfare making deliberate politically or selfishly related choices for their own well being and financial gain or grift, and the casualties suffered by landlords who cannot pay their rent are, in their disgusting view, “collateral damage”.
You don’t even have to give them the truth serum to hear them say aloud “Too bad. You must die for the greater good. Your livelihood or opinion counts for naught.” though they might well couch it in different phrases.
And honestly-with all the graft and corruption that tens or hundreds of billions of dollars of printed cash being thrown around by profligate governmental holders of purse strings, how many of those dollars for rent relief go to clothes, cars, electronic equipment, vacations, or drugs and alcohol?
I certainly don’t feel a warm and fuzzy that the landlords will get their payments due.
When discussing a variety of sometimes unrelated (or related) subjects where one is big and one is small, I often hear people say “We shouldn’t pay any attention to that”...
And I say...”We are good enough. We can multi-task.”
The Leftists have no problem with multitasking on ways to destroy this country. There is no detail too small or large that cannot be attacked simultaneously with something else.
REITs have been thriving for some time, and show no sign of slowing down.
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