Posted on 02/26/2021 10:38:33 AM PST by 1Old Pro
The federal government thus claims authority to suspend residential evictions for any reason, including an agency's views on "fairness." Id. at 53:11-23. Given the open-textured nature of the relevant constitutional text, "the question of congressional power under the Commerce Clause 'is necessarily one of degree.'" United States v. Lopez, 514 U.S. 549, 566 (1995) (quoting NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 37 (1937)). Reasonable minds may differ given the lack of "precise formulations." Id. at 567.
But here, after analyzing the relevant precedents, the court concludes that the federal government's Article I power to regulate interstate commerce and enact laws necessary and proper to that end does not include the power to impose the challenged eviction moratorium.
(Excerpt) Read more at reason.com ...
Good, these executive directives have gone way overboard.
Bottom line is that if the government doesn’t want people to be evicted, they can pay their #_%&#&%%@ rent for them. Landlords have rights too. We’re all equal under the law, right?
Who’ll then pay for building maint/prop taxes if renters can’t be evicted for non-payment of rent?
Landlords haven’t received rent here for almost a year.
I made that point, who pays the property taxes when the rent isn’t being collected and the landlord has to have deadbeats living in his properties?
Crickets
No body had a solution to that.
All this did was give lowlifes a raise, that is right, they still worked or collected government checks and they spent the money on ATVs, Dirtbikes, Cars, etc while not paying a single cent of rent
And yet the landlords still get the whopping bills for real property taxes although there is no money from tenants to pay them.
How does the CDC get authority to stop evictions for non-payment? Do they also grant non-repossession rights for the landlord being unable to pay his mortgage or taxes?
Some people get frustrated they cannot evict: This guy kidnapped his tenants
https://www.timesunion.com/news/article/Albany-landlord-tied-up-evicted-sleeping-15972981.php
I have yet to hear of any governments declaring a tax moratorium because, well, COVID.
Big government invents powers.
Ever consider that part of the Great Reset might be to starve landlords of rent, forcing them to default on mortgages and or face tax upset sales—at which point their former property would be given to the squatters?
Possibly
Glad I didn’t own any rentals
The EPA is the master of that tactic
Sounds like an awful time to be in the rental business was just made worse.
They should just declare that you’re allowed to rent but you lose effective ownership of your own property, and you’re not allowed to make money or recover losses.
Turn it into a hotel and only have nightly bookings???
Glad I changed tenants about 2 months before the CCP Flu.
Former one would have been a deadbeat in a heartbeat.
Landlords are mostly banks or financial institutions and they hire property managers to take care of things. Non-payment of rent is almost like stealing.
I think that sort of nefarious nonsense is exactly what is going on.
Luckily my tenants have been great during the pandemic.
But, if I had deadbeat tenants I’d sell the place. In today’s market it’d sell fast. I believe I can still evict for reasons other than not paying rent.
Glad you dodged a bullet
Could you imagine she not paying rent, you can’t evict and she goes out and buys a new car because still works or gets government checks?
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