Federal appeals court finds CDC eviction moratorium unlawful

[Yo_Mama_Been_Loggin]

Source: The Hill

A federal appeals court on Friday ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority by temporarily halting evictions amid the pandemic.

In a unanimous ruling, a three-judge panel of the Cincinnati-based Sixth Circuit Court of Appeals agreed with a lower court that the agency had overreached with its eviction moratorium, which is set to expire at the end of July.

The CDC order, originally enacted in September 2020 and subsequently extended by Congress and President Biden, aims to protect cash-strapped tenants who would face overcrowded conditions if evicted.

But in its Friday ruling, the court rejected the CDC's two-pronged argument that the eviction freeze was within its authority, or that Congress authorized the measure after-the-fact as part of its COVID relief legislation.

Read more: https://www.msn.com/en-us/news/politics/federal-appeals-court-finds-cdc-eviction-moratorium-unlawful/ar-AAMtTKc?li=BBnbfcQ&ocid=hplocalnews

[BumRushDaShow]

1. Turtle packed that Court up

and it is currently 11 (R) - 4 (D).

[AllTooEasy]

10. Unanimous decision though

I knew that this moratorium was doomed in the courts when I first heard about it. I was like "How is this constitutional? A person can't evict someone from their own property?!". For the sake of the tenants, I'm glad that it lasted this long.

[BumRushDaShow]

11. But only from a 3-judge panel from that court

If there had been a different combo of appointees there, there might be (or have been) a move to request an "en banc" decision before heading to the SCOTUS. But in this case, an en banc would probably fail.

I think some of the issue here is that funding has been made available through the various stimulus packages to reimburse the landlords for any tenant back-rent, but it obviously requires that both the landlords and tenants apply for it... and I think Biden wanted just a little more time for Treasury to get the allocations out to the states (that last stimulus wasn't signed until the end of April) and get word out to landlords to please go get the money set aside for them.

[appalachiablue]

2. K/R for discussion, sad to see this

[James48]

3. Unfortunately, this is a correct decision.

There really isn’t authority at the federal level to alter financing contracts after they are signed, to create new conditions. (Preventing foreclosure).

This will have a powerful amd lasting effect moving forward.

Those who are behind rent $, and at risk of foreclosure need to discuss options with their landlords now, because it will not be long before the state courts will be forced to start evicting those who have not met the terms of their lease.

[GB_RN]

4. This Will Be Bigger Than The Mortgage Crisis

In terms of evictions, as more people rent than own homes. And the pace of distribution of rental assistance has been slow.

[MarineCombatEngineer]

5. And this is why I don't own a house, I own outright my 5th wheel travel trailer,

no mortgage, the only payments I have are my land taxes, and the usual utilities and such.

Much less stress on me.

[GB_RN]

6. You're Lucky You're In That Position

Most people aren't that financially secure...in the richest country on Earth.

[MarineCombatEngineer]

7. I know, it's a national disgrace that we have so many homeless,

so many living in poverty, so many going hungry, and yet, the rich keep getting richer in collusion with the repukes.

[GB_RN]

8. They Just Don't Work Hard Enough...

The lazy bums! /sarcasm

I couldn’t agree with you more!

[FBaggins]

16. It isn't true that more people rent than own homes

Almost 2/3 of households own their homes.

[rdking647]

9. probably the right descision legally

i dont really see how the CDC has any authority to alter a contract between 2 parties.

[oldsoftie]

12. I've said it from day one. You COULD still evict though;

you just had to use another reason. Violation of lease. What gets me is there was no requirement to prove you couldnt pay due to Covid. The first woman i had to deal with stopped paying as soon as the restriction began. She never stopped working, so money was never an issue. After the 3rd month & a newer car in the garage, I found a violation and got the judgement.

[Polybius]

14. I know someone who has a meth abuser as his tenant

Hasn't paid rent since last August and has no job. He really wants him out, and has had no luck so far.

[oldsoftie]

15. Terrible. He needs to call his Magistrate Court

Ask about the lease violation. Even if they're following the moratorium, its for non payment of rent not other circumstances. The tenant is violating the lease in some way. If they wont go for that, then "sell" the property to a company he creates or friend & give them 30 days to vacate for possession. I did that with the second one. Meth heads are the worst too.
There's just so many people abusing this system like that.

[OneCrazyDiamond]

13. They might want to check with the supreme court.

https://www.npr.org/2021/06/29/1003268497/the-supreme-court-leaves-the-cdcs-moratorium-on-evictions-in-place

[FBaggins]

17. The SCOTUS ruling dealt with an application to vacate a stay

Last edited Sat Jul 24, 2021, 10:15 AM - Edit history (1)

This is an actual ruling on the merits. The two don't conflict.

In fact… they’re aligned since SCOTUS agreed that the CDC lacked the power to take the actions they did.

[OneCrazyDiamond]

18. That sucks.

Sometimes I think our system is too slow and complicated.