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The Eviction Moratorium The Eviction Moratorium

08-04-2021 , 09:03 AM
For what felt like a long time liberals, myself included, were at DEFCON 17 over the lawlessness of Donald Trump. The dude was unquestionably a threat to our political system. But with that POS in the rear view for 6 months now I’m not sure which laws he actually broke. This is different.

This is lawlessness.

Trumps CDCs halted all evictions to help stop the spread of the virus. This was August 2020 I believe. The CDC extended the eviction moratorium three times. Landlords sued as they have an interest in collecting rent and we’re a free country governed by laws.

United States Supreme Court:
Quote:
“In my view,” Justice Kavanaugh wrote, “clear and specific congressional authorization (via new legislation) would be necessary for the C.D.C. to extend the moratorium past July 31.”
https://www.nytimes.com/2021/06/29/u...e=articleShare

And 4 justices were ready to nuke the ban right then. The Supreme Court told the Executive branch ‘you cannot do this anymore. This has to be done by Congress.’ But Congress didn’t have the votes:

Quote:
Biden’s plea came as House Democratic leaders tried to corral support among their caucus to push the eviction moratorium deadline until October, an effort that turned into a herculean task as the leadership tried to whip support at the 11th hour before the House started its nearly two-month recess.

The effort ultimately failed.
About 20 moderate Democrats opposed the extension because of concerns that the period was too long for the federal moratorium to continue without oversight of how efficiently money previously approved to stem the evictions was being distributed to tenants, several Democratic aides said on the condition of anonymity to discuss ongoing internal negotiations.
.

https://www.washingtonpost.com/power...b8f_story.html

As far as I knew when Congress doesn’t have the votes to pass a law, and the Supreme Court explicitly says Congress must do this NOT the executive, the law doesn’t happen. This is a textbook example of how our three separate but equal branches of government are supposed to work. And yes it really sucks ‘government working correctly’ means 4 million people will be thrown out of their homes but it’s not your ****ing landlord’s fault.

Also a lot of landlords don’t want this rental assistance as it keeps the deadbeat tenant as a tenant. The issue is not simply more time to disburse the money. We don’t have a right to housing in this country. If you want one call your Senators.

But the ban is back, issued from the Executive branch.

https://apnews.com/article/joe-biden...b6f6a074cc5ca3

And because Biden’s been in this game too long to bullshit he tells us what happened

Quote:
“The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster,” Biden said. “But there are several key scholars who think that it may and it’s worth the effort.”

The president added that the moratorium — even if it gets challenged in court — “will probably give some additional time” for states and city to release billions of dollars in federal relief to renters.
He’s breaking the law to buy time for a desired policy outcome. Knowingly breaking the law. But found a lawyer to say it’s cool because it covers 80% of the country (and rising) and is not a blanket ban.

If this action was legal it would have been taken before the ban expired Saturday. It’s blatantly illegal. Everyone was sooo concerned about our fragile system and precious laws when Trump was wiping his ass all over the carpets at 1600 Pennsylvania Avenue. What about now that it’s illegality by a president you support toward an admirable goal.

It’s still illegal.
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08-04-2021 , 09:10 AM
First they came for teh buy to let landlords.
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08-04-2021 , 09:13 AM
First they came for the landlords, and I rushed in to defend them, because that’s how I roll.
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08-04-2021 , 09:13 AM
Damn, ponied.
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08-04-2021 , 09:14 AM
And I did not speak out, lest it crash my property values
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08-04-2021 , 09:15 AM
So you live in someone else’s house and you stop paying. You break the contract you signed. What’s supposed to happen? Please refer me to the mortgage moratorium program because my bank hasn’t advertised it. Are poor people better than landlords? No we’re all equal. So how do you suspend the rules on one group and put the burden on the back of the other group.

Something like 40-60% of rental properties in this country are owned by landlords who own a single property. You’re not raging against the machine being in the cancel rent camp. You’re ****ing over average Americans.
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08-04-2021 , 09:18 AM
When he’s on your team and he’s doing what you want, laws be damned. Exactly.
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08-04-2021 , 09:27 AM
Quote:
Originally Posted by phoneaccount
So you live in someone else’s house and you stop paying. You break the contract you signed. What’s supposed to happen? Please refer me to the mortgage moratorium program because my bank hasn’t advertised it. Are poor people better than landlords? No we’re all equal. So how do you suspend the rules on one group and put the burden on the back of the other group.

Something like 40-60% of rental properties in this country are owned by landlords who own a single property. You’re not raging against the machine being in the cancel rent camp. You’re ****ing over average Americans.
You could always learn to code instead.
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08-04-2021 , 09:27 AM
And it’s more like ‘they came for the landlords last august and everyone was actually cool with it as it’s a pandemic’

Then they came again in November and it was basically cool.

Then again in February. And now a fourth time in open defiance of a Supreme Court order.
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08-04-2021 , 09:28 AM
Our representatives declined to extend the moratorium. That’s the issue-this is illegal.
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08-04-2021 , 09:32 AM
The $600 a week was the eviction moratorium. Then when it was $300 a week, $1200 a month, still the eviction moratorium. The program to replace earnings of contractors, that was the eviction moratorium. The PPP was the eviction moratorium.

Then there’s always the classic eviction moratorium, work. We have had plenty of eviction moratoriums the last 15 months.

If you want another one call your congressman. The executive has already been told it cannot do this.
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08-04-2021 , 09:38 AM
Quote:
Originally Posted by phoneaccount
And it’s more like ‘they came for the landlords last august and everyone was actually cool with it as it’s a pandemic’

Then they came again in November and it was basically cool.

Then again in February. And now a fourth time in open defiance of a Supreme Court order.
You notice the pattern here?
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08-04-2021 , 09:42 AM
That the cdc order was extended three times lawfully then something different happened yesterday?

Or you could explain your point of view there’s no moratorium on that.
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08-04-2021 , 09:42 AM
Considering there is 46 billion in the pipeline, stuck at local authorities, a moratorium seems appropriate. The landlords have reasonable expectations of getting paid/made whole pretty soon. Evictions now seem... unnecessary.
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08-04-2021 , 09:44 AM
Buying time with a long shot legal challenge in order to continue with an existing policy isn't especially unusual.
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08-04-2021 , 09:46 AM
And to the landlord who doesn’t want the money with all the strings attached grizy? A lot of these people are getting evicted no matter what. A significant amount of landlords actually don’t want the governments rent money.

You have someone stiff you for $10,000 when you know they have the money and have to keep dealing with them indefinitely.
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08-04-2021 , 09:47 AM
If you have time at some point Rocco I’d appreciate you posting analogous situations. This is open defiance of a court order in my estimation but you could be right and I could be wrong.

I’ll find the quotes from admin officials going into Saturday clearly saying ‘we cannot legally extend this ban’. That’s what makes it so clear to me-Biden people obviously knew going into Saturday they had no legal options.
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08-04-2021 , 10:01 AM
Quote:
Originally Posted by Rococo
Buying time with a long shot legal challenge in order to continue with an existing policy isn't especially unusual.
Nor is it illegal, despite the OP’s histrionic whining.
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08-04-2021 , 10:03 AM
I thought all the states had Covid Cash for this but are just doing a horrible job at dishing it out.

Reality is many tenants will owe money they can not pay back or have no intention of paying back
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08-04-2021 , 10:10 AM
Trolly how is it legal. Might be hard to explain in less than 10 words so tbh maybe don’t even bother.

Lozen the assistance requires landlords to keep delinquent tenants. Not all landlords want that.

Quote:
On Thursday, Biden administration officials punted the issue to congressional Democrats, saying that a recent Supreme Court ruling made it nearly impossible to order an extension without jeopardizing the right of the executive branch to put in place emergency policies during public health crises.
https://www.nytimes.com/2021/08/02/u...e=articleShare
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08-04-2021 , 10:14 AM
Same article

Quote:
Over the weekend, Mr. Biden called Dr. Rochelle Walensky, the C.D.C. director and the official with the authority to extend the freeze, to explore the possibility of limiting an extension to areas hit especially hard by the Delta variant, but was told that was not possible.
I mean
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08-04-2021 , 10:17 AM
What was impossible Monday became the law by fiat Tuesday because the Supreme Court said only a law can put the eviction moratorium back in place.

But he’s our guy for a good cause so it’s fine.

Who decides which Supreme Court decisions to respect.
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08-04-2021 , 10:22 AM
Quote:
Originally Posted by phoneaccount
Trolly how is it legal. Might be hard to explain in less than 10 words so tbh maybe don’t even bother.
The administration hasn’t exhausted its legal challenges yet. Boom, eight words.
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08-04-2021 , 10:40 AM
I would argue that Kavanaugh’s opinion ended the ability of the executive branch to institute a moratorium absent congressional action. And CDC agreed with me from when that opinion was issued up until Monday.
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08-04-2021 , 10:45 AM
Quote:
Originally Posted by phoneaccount
I would argue that Kavanaugh’s opinion ended the ability of the executive branch to institute a moratorium absent congressional action. And CDC agreed with me from when that opinion was issued up until Monday.
Well, you’d be wrong. Here:

https://www.reuters.com/legal/govern...ze-2021-07-14/
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