Posted on 03/30/2021 8:03:28 AM PDT by outpostinmass2
So I guess making more money on welfare and covid unemployment exempts one from paying rent? What’s the weekly take home for the “unemployed” now?
It’s an emergency dontcha know. And just like that the government owns your rentals with the stroke of a pen.
In a case in the 1930s, the US Supreme Court upheld the constitutionality of a mortgage enforcement moratorium. The same reasoning as in that case likely controls the issue of a rent moratorium.
It means the bank will soon own your home. This is getting to the point that it is hard to see how this is different from taking your house to build a road without compensation. To add insult to injury not a public road but a private one Government is stealing from one group to benefit another.
You will note that the CDC Grand Poobahs making up these unconstitutional “rulings” will NEVER have to suffer the consequences of their “rulings!”
AS ALWAYS, THOUGH, THE POOR SUFFERING AMERICAN TAXPAYER WILL!
AND, OF COURSE, LANDLORDS WHO ARE NOT ON THE GRAND POOBAHS FRIEND’S LIST!
"The federal [??? emphasis added] eviction moratorium has been extended. What’s that mean to you?"
FR: Never Accept the Premise of Your Opponent’s Argument
Not only have the states never expressly constitutionally given the federal government the specific power to dictate policy for INTRAstate healthcare or performance of contracts imo, but even if the states had given the feds such powers, such powers would be solely Congress’s responsibility, not the CDC's.
"Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments [emphasis added]." —"Justice Joseph Story, Commerce Clause (1.8.3), 1833.
Where medical lockdowns are concerned for example, note the reference to unique state powers to quarantine in the New York v. Miln excerpt below, the second item in the list.
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
"Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
"Obviously, direct control of medical practice [emphases added] in the states is beyond the power of the federal government.” —Linder v. United States, 1925.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Instead, desperate Democratic and RINO federal lawmakers who arguably stole and weaponized state powers to play hero with pandemic are now wrongly hiding behind the politically correct decisions of non-elected federal bureaucrats running the constitutionally undefined CDC imo.
Patriots not only need to get federal and state candidates for 2022 midterm primaries to agree that states have never given feds the power to interfere with state pandemic policy, but patriots also need to amend their respective state constitutions to protect themselves from corrupt state officials who might weaponize state powers to deal with pandemics for political gain.
State constitutions need to be amended to put time limits on lockdowns and on the mandatory wearing of masks.
State constitutions also need to be amended to make state health and environmental protection officials elected by popular vote.
Constitutionally time-limited lockdowns and limited mask requirements need to automatically trigger special recall elections for governors, mayors and disaster officials who order lockdowns and mask wearing, also state lawmakers.
Finally, constitutions need to require people planning to run for state and local offices to escrow a refundable "recall deposit" before becoming a candidate, the deposit fully paying in advance for their possible recall elections if they are elected, amounts determined by law.
In fact, each state should ultimately take the advice of Justice Brandeis who had volunteered his "laboratories of democracy" metaphor to emphasize the unique 10th Amendment powers of the states and the people to experiment with social policy, ultimately depending on what legal majority citizen voters of each state want.
"It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose [emphasis added], serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” —Justice Brandeis, Laboratories of democracy.
Finally, citizens need to start working with their federal lawmakers to demand the following. When the federal government accuses someone of violating one of its laws, the accused also needs to be informed of at least the common name of the constitutional clause that arguably justifies the law for further scrutiny of the constitutionality of that law, especially where our 2nd Amendment safety net is concerned.
Corrections, insights welcome.
My tenants continued to work during the pandemic and have paid the rent. So I won’t need mortgage assistance (just refied at 2.99%, reducing payment by $430 a month) and they don’t need rent help. If it had turned out differently we’d (them & us) be pretty tight without help.
Mortgage providers are also offering forbearance. I put both my rentals under it because my tenants claimed to be impacted by COVID. They were not, but no way to evict, so I had to do cash for keys ($6K out of pocket), and sell both houses.
The banks can’t evict either.
Like getting blood from a stone
There is no such program at the moment.
Yeh, they tried that the judge didn’t go for it. Demographics are king in Atlanta.
"The emergency rental assistance is provided by the Federal government and is free to tenant and housing provider. If approved, the grant will be paid to the housing provider in the form of a check."
https://www.ihda.org/about-ihda/illinois-rental-payment-program/
If someone doesn’t pay rent, and I claim that as a loss, do they have to pay taxes on it?
This is NOT the law in FL. Governor DeSantis lifted the moratorium on evictions some time ago. The States are not RULED by CDC “statements” and there is NO force of law.
FL landlords, respond here. Both the moratorium on rent payment AND the moratorium on evictions were LIFTED, and no longer in effect.
I’m not a tax attorney, but as far as I understand, if you write off a debt, it doesn’t erase the debt on the tenant’s side or count as income for them because you claim the loss. Technically they still owe you the money and may pay in the future, in which case you would have to record it as income at that point for tax purposes.
It might be different if you actually forgive the debt, but writing it off is just an internal accounting thing on your side, it doesn’t actually change the fact that they are liable for that money.
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