Home Forums Hunting & Shooting Hunter's Campfire Federal Court Rules CDC’s COVID-19 Eviction Moratorium Is Unlawful

Can't wait to sue them. Classic case of transfer of assets and appropriation.

link to story


BY JACK PHILLIPS July 23, 2021


A federal court on Friday ruled that the U.S. Centers for Disease Control and Prevention (CDC) overstepped its authority by halting evictions during the COVID-19 pandemic.

The Cincinnati-based U.S. Sixth Circuit Court of Appeals unanimously agreed (pdf) with a lower court ruling that said the CDC engaged in federal overreach with the eviction moratorium, which the agency has consistently extended for months. Several weeks ago, the CDC announced it would allow the policy, which was passed into law by Congress, to expire at the end of July.

“It is not our job as judges to make legislative rules that favor one side or another,” the judges wrote. “But nor should it be the job of bureaucrats embedded in the executive branch. While landlords and tenants likely disagree on much, there is one thing both deserve: for their problems to be resolved by their elected representatives.”

The ruling upheld one handed down by U.S. District Judge Mark Norris, who in March blocked enforcement of the moratorium throughout western Tennessee.

Under the moratorium, tenants who have lost income during the pandemic can declare under penalty of perjury that they’ve made their best effort to pay rent on time. The CDC claimed the measure was necessary to prevent people from having to enter overcrowded conditions if they were evicted, which would, according to the agency, impact public health.

Previously, the CDC’s lawyers argued in court filings that Congress authorized the eviction freeze as part of its COVID-19 relief legislation, while simultaneously asserting that the moratorium was within its authority. Those arguments were rejected by the three-panel appeals court on Friday.

Epoch Times Photo
Demonstrators call for a rent strike during the COVID-19 pandemic as they pass City Hall in Los Angeles, Calif., on May 1, 2020. (Frederic J. Brown/AFP via Getty Images)
“What’s the difference between executive-branch experts and congressional ones? Executive-branch experts make regulations; congressional experts make recommendations,” the appeals court wrote. “Congressional bureaucracy leaves the law-making power with the people’s representatives—right where the Founders put it.”

But last month, the Supreme Court in a 5-4 decision rejected a different plea by landlords to end the ban on evictions.

Justice Brett Kavanaugh had written in an opinion (pdf) that while he believes that the CDC had exceeded its authority by implementing the moratorium, he voted against ending it because the policy is set to expire July 31.

“Those few weeks,” he wrote, “will allow for additional and more orderly distribution” of the funds that Congress has appropriated to provide rental assistance to those in need because of the pandemic.

The CDC moratorium has faced pushback from property owners as well as the National Association of Realtors.

“Landlords have been losing over $13 billion every month under the moratorium, and the total effect of the CDC’s overreach may reach up to $200 billion if it remains in effect for a year,” said the organization in an emergency petition to the Supreme Court.

It’s not clear if the CDC’s attorneys will appeal the ruling. The Epoch Times has requested a comment from the agency.

You aren't going to do that.

Because you said so?

I will attach to the first good suit or atty working it I can find.

Geniuses like you who never worked hard enough to succeed or took any risk abound..

in single wides.

You don't have a fugking clue what's going on here.

Now go back to being just the regular dumb fugk "gun expert / gunsmith" you are.

Laughing.

I hope you do and have success. That is a huge over reach and is complete BS. So the squatters get to live rent free while the owners still have to pay the mortgage.

Because you like to pretend you are the sort of person who would do something like that but you are not.

It should be easy to find the docs if you are the plaintiff.

Boomer Fight

Just like a lot of conversations here on the Fire.. where you ponder out loud something you know literally nothing about or have zero experience with, you chime in, trying to put down someone who does.

I've been a landlord for 20+ years, got rid of a couple covid squatters, and am in reparations litigation with my attorney for that in 2 counties right now, genius.

So.. STFU and go back to doing what you DON'T do best.

And I'm all in.

Nailed it, springcove.

Liberal schitballs in govt overreaching private property rights.

Nothing new, really. Just a new wrinkle.

Will you use this same attorney to file against the CDC?

Probably not. That's not her specialty.

You get screwed at least twice. No rental income and then have to pay to evict. Hell yes I would sue them. I’m sure there will more than one class action law suit

A while back we discussed a specific case in CA where people bought a $900k house, paying cash. After the papers were signed, the sellers used non-eviction laws and didn't move out. They paid no rent but had the sale price in their pockets. The buyers couldn't do anything about it. I don't know what the current status is.

Sign nothing unless house has been vacated. Morning of closing inspection.
Specific performance is a tough battle to fight.

Uhhhh….

I know local dirt, and I can assure you he can be quite litigious when provoked.

LOL

The millions of COVID inspired lawsuits have not even begun.

99% of the actions taken were flat illegal.

That’s a stupid fugking question.

You must be stupid.

Agreed. The whole thing has been BS from the get go.

Hey but make sure you wear a mask to keep me safe in Utah 😂

I do not currently have rentals as we sold them a few years ago and want to buy again when prices come down. The banks can't be suspending mortgage payments are they or tacking them onto the bank end of the note? We terminated a guy last spring that was 11k behind on rent because he was scared of Covid he said ( Biden voter , imagine that! ).