Thursday, August 5, 2021

Update 5: The nation should defy the eviction moratorium! Regarding the eviction moratorium and Rental Assistance in Nashville. Small-Time Landlords ‘Hanging on By Their Fingernails’ as Eviction Moratorium Drags On

The nation should defy the moratorium!

by Rod Williams-  I do not believe in state nullification.  I accept the supremacy clause of the constitution.  I have opposed cities or states that have declared they would not follow federal law such as when jurisdictions declare themselves immigration sanctuary cities or states declare themselves 2nd Amendment sanctuary states.  The moratorium on eviction however is different.  Landlords, states, cities, and courts should ignore the moratorium. For one thing, it is not a law people would be violating.  Congress has passed no such law.  It would be a ruling by an administrative body.

Secondly, the Supreme Court has already ruled the CDC has no authority to impose such a rule. In this case, it is the federal government that is violating the law.  Landlords, states, cities, and courts should follow the law and follow established legal procedures for evicting a tenant who will not pay his rent. This is the time for a showdown between the lawless federal government and those who would follow the law. 

By RYAN MILLS August 5, 2021 - One of Raj Sookram’s tenants stopped paying rent in December. Another man hasn’t paid him a cent in 20 months. He now owes Sookram over $20,000. 

One woman stopped paying this spring, Sookram said, then demanded that he fix her hot water heater when it blew. That ended with city officials threatening Sookram with daily fines. In all, Sookram said, about half of the tenants living in his 13 Rochester, N.Y., rental properties are behind on rent. Sookram said he’s struggling to pay his bills and taxes. 

He’s had to take out loans and work side handyman gigs to provide for his wife and three kids. As the coronavirus pandemic drags on – and as the federal government continues to extend its legally dubious eviction moratorium – more and more people are “jumping on the bandwagon, like, ‘Oh, I don’t have to pay you,’” Sookram said. (read more)

After Claiming It Didn't Have the Power To Impose A New Eviction Moratorium, the Biden Administration Imposes a New Eviction Moratorium 

The new eviction moratorium applies to the 90 percent of counties in the U.S. where the spread of COVID-19 is "substantial" or "high." 

By Christian Britschgi, Reason, 8/4/2021- After three days of finger-pointing between a Democrat-controlled White House and a Democrat-controlled Congress, President Joe Biden's Administration has now revived an eviction moratorium it previously said it has no legal authority to impose. An order issued by the Centers for Disease Control and Protection (CDC) Tuesday evening generally bans the eviction of non-paying tenants in counties identified by the CDC as having "substantial" or "high" rates of COVID-19 transmission. About 90 percent of the counties in the country, per the CDC order, meet that definition. (link)

By THE EDITORS, National Review,  August 4, 2021 -  The Center for Disease Control’s eviction moratorium, which was first instituted last September under President Trump and was renewed under President Biden, expired on July 31. That sentence should start alarm bells ringing in the heads of any American who has read the Constitution. 

The Center for Disease Control’s . . . what? Insofar as it is legitimate for any government entity in the United States to engage in an “eviction moratorium,” it is quite obviously a question for the states and localities, not for the federal government — and certainly not for an executive agency whose remit is the study and containment of infectious diseases. That, for eleven months, the American rental sector was controlled by the director of the CDC is nothing short of astonishing. Americans who wonder why they have such trouble keeping their government in check should look at this incident for instruction. (Read more)

by Andrew C. McCarthy, National Review, Aug. 2, 2021- I happen to believe that the eviction moratorium has been dreadful policy and a deceptively packaged one — harebrained socialism masqueraded as a humanitarian counter-pandemic measure. 

Progressives (not just Democrats but the Trump populists who first conceived of the policy) will, of course, disagree with that, and that’s a fine policy argument to have. One thing House speaker Nancy Pelosi should not get away with, though, is her claim that the Biden administration could have extended the moratorium unilaterally. 

... That said, the principal flaws in the moratorium were that a) Congress did not explicitly authorize it, b) there is no inherent executive authority to order it, and, fatally, c) it is not authorized by the statutory law that the CDC distorted in rationalizing it.(read more)

 Thousands could get evicted following expiration of CDC's eviction moratorium         

NASHVILLE (WSMV) - Thousands of people could be getting eviction letters starting Sunday from their landlords as the CDC's eviction moratorium is set to expire July 31st. This comes after the Supreme Court allowed the eviction ban to stay in place, but said it would need congressional action to extend past the end of this month. (Read more)

Small-Time Landlords Struggle to Keep the Lights on as ‘Devastating’ Eviction Moratorium Continues

Covid relief rental assistance is being administered in Nashville by the Metro Action Commission.  To apply for rental assistance follow this link.

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