Civic Register
| 8.4.21
President Biden Extends Eviction Moratorium Despite Supreme Court’s Constitutional Warning
Should the Biden admin have tried to extend the eviction moratorium administratively?
What’s the story?
- President Joe Biden explained at a press conference Tuesday that the Centers for Disease Control and Prevention (CDC) is putting forward an eviction moratorium after the prior moratorium expired Saturday, and acknowledged the Supreme Court's ruling "that the existing moratorium was not constitutional" in his remarks:
“The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster. Number one. But there are several key scholars who think that it may and it’s worth the effort. But the present ― you could not ― the Court has already ruled on the present eviction moratorium...
The CDC has to make the — I asked the CDC to go back and consider other options that may be available to them. You’re going to hear from them what those other options are. I have been informed they’re about to make a judgment as to potential other options. Whether that option will pass constitutional measure with this administration, I can’t tell you. I don’t know. There are a few scholars who say it will and others who say it’s not likely to.”
- The CDC’s latest extension of the moratorium is slated to run through October 3rd, 2021. It applies to counties “experiencing substantial and high levels of transmission” of COVID-19, which could be interpreted as applying to the majority of counties in the country.
What’s the eviction moratorium?
- The federal eviction moratorium was initially established by the enactment of the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020 and expired in July 2020. The Centers for Disease Control and Prevention (CDC) implemented a new moratorium in September 2020 that was extended through January 2021 and was then extended three more times through March, June, and July.
- To help landlords mitigate the financial effects of the moratorium, Congress provided $46.6 billion in funding for states and localities to provide to landlords on behalf of tenants who found themselves out of work during the pandemic. As of August 2021, only about $3 billion of that funding has been disbursed to landlords, who also have to contend with about $26.6 billion in rent debt that isn’t covered by federal aid programs.
- It became apparent that an extension would have to come from Congress on June 29th when the Supreme Court declined to take up a challenge to the moratorium on a 5-4 decision. While he joined the majority opinion as the decisive vote, Justice Brett Kavanaugh wrote in a concurring opinion that any further extensions would have to be authorized by Congress, not the executive branch:
“I agree with the District Court and the applicants that the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium. Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds, I vote at this time to deny the application to vacate the District Court’s stay of its order. In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
- House Democrats were unable to muster support from 218 of their members for legislation extending the moratorium and adjourned for recess on July 30th without voting on an extension, rather than bringing up a bill that would fail to pass. Even if the House had acted, moderate Democrats and Republicans in the Senate would likely have denied the bill the 60 votes needed to overcome the legislative filibuster.
- Progressive House Democrats staged a protest led by "Squad" member Reps. Cori Bush (D-MO) and Alexandria Ocasio-Cortez (D-NY) in which they slept on the Capitol's steps over the weekend to urge the Biden administration to change course, which the White House did on Tuesday.
— Eric Revell
(Photo Credit: iStock.com / Bill Oxford)
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Bring it through Congress and advertise the heck out of the evictions that it was the republicans who decided that the landlords were worth more than the tenents and they should be voted out of office and definitely should not be taking over the House nor the Senate in the Midterms. If anything the Democrats should extend their lead in the Senate so that Manchin and Sinema will not carry as much weight. The Supreme Court was probably correct that it was beyond the scope of the CDC to implement this moratorium. Congress is broken with the current Republicans. The party of the tRump is mean, rude and does nothing at all to make their constituents lives any better. The only people they are concerned about is the rich who paid for their tax cuts and the ultra conservative majority on the Supreme Court.
Surprised not surprised scotus denied eviction moratorium. Citizens United in action, vultures chomping to grab up more real estate, property, acreage on the down low. Recession 101 rinse, wash, repeat. Trying to understand why it was such a maze to recieve the funds in the first place or where those $'s actually went. So odd and not coincidental, this booby trap thing seems to be a theme.
Extending the addiction moratorium is not within the jurisdiction of the president. He does not make the law is up to the legislative body to make laws. To do so, Biden is acting as a dictator.
Supreme Court Ends Biden’s Eviction Moratorium https://www.nytimes.com/2021/08/27/us/eviction-moratorium-ends.html? As expected. A Boon to the Real Estate Industry. Will cause a loss of faith in the country’s highest court. They put procedure above common sense. Interesting how the court looks the other way when it's convenient. Not to mention a surge in COVID cases, and the suffering and deaths it will cause. Will Congress DO something? We need leadership from the House & Senate. We need to hold Republicans Accountable. #VoteBlueIn22 [Revised.]
sounds like a case of ignoring courts or what is legal to instead do whatever they want because it either feels right or will get more political support... No one looking out for landlords, money isn't being disbursed efficiently. It is as if they want people more dependent on the govt and meanwhile the national debt grows with no effort to cut it. Each administration seems to find excuses to out spend the previous and our debt grows, dollar devalues, inflation grows...
I am not sure how I feel on this? I heard that there was something helping people not become homeless thanks to all the job loss. I would only support this if it helps the poor not get evicted during theses tough times esp sense finding an apartment is harder than ever.
I personally think this decision should be managed at a municipal level. Companies are begging for workers, admin assistants are being hired for $50k/yr - which I think is great, it’s a wage that you’re able to live off of. There needs to be a factor of personal responsibility and a time to quit having this victim mentality. Anyway - let’s push for house and senate term limits.
The COVID situation should preclude evictions until at least a year after things return to normal. Invest in people not property.
IMPEACH!!! It is way overdue!
I am glad that eviction moratorium is extended. In Texas our Gov. Abbott has be holding the money allocated in the State coffers and not given to much money to the renters nor their landlords. Do you have any accountability on the States.
Biden has no authority to extend the eviction moratorium new or old. He should face impeachment immediately. He has broken his oath of office to protect and defend the constitution. If Joe was a republican, Nancy would be marching articles of impeachment to the senate today. But as usual nothing happens to Marist democrats.
The only way anything will get done. Stop negotiating with terrorists.
Having a Life that gives one the Liberty to pursue Happiness their own way, is impossible when one has to worry about getting evicted. People were given the difficult choice of staying alive or risking their lives to pay their bills. Some business owners chose to layoff everyone then close up. The business owners were are ok, their employees were left with nothing. The business owners could still pay their bills. The employees couldn't. See the problem?
The federal government allotted the money to be distributed by the states. The amount allotted hasn't been used. So where is the money. Has the states kept it. It doesn't belong to the state. It belongs to the renters and their landlords. Only in red states do the governors think it's their money and won't give it back to the people. Senators: We demand that you get rid of the filibuster. If the problem were in reverse, you can bet the Republicans wouldn't hesitate to get rid of it. We need to protect our voting rights and we can't do that if you don't get rid of the filibuster. Make the U.S. a true democracy and get rid of the damn filibuster. I cannot see any good reason from a liberal point of view not to get rid of the filibuster. No good reason. Unless you're practicing to be a Republican - and if you are, you will no longer get my vote. Of course with Republican changes to the election procedures, you won't get any votes, will you.
It is important to stop homelessness from exploding. Something similar happened during the great depression.
What will happen to the tenants and the owners when the mortgage holders foreclose? The owners will be out of years and tens of thousands of dollars of their money and investment, and the tenants will still be on the streets. Besides, with the additional unemployment and the government checks, there is no reason these people shouldn't have the money to pay. Additionally, how will they make up their back rent?
This is a new moratorium, a bit more focused and based on the new health emergency to contain the much more transmissible delta variant - which also appears to be infecting more youngsters with serious illness. Constitutional scholars doubt that it will pass muster with the Supreme Court but have not determined absolutely that it would not. Biden said that he realized this but decided to go ahead anyway to at least buy some time to encourage the States who have been holding the allocated funds, and get them disbursed to landlords to cover back rents as intended. … … … << LETS BE CLEAR HERE - THE FEDERAL GOVERNMENT HAS ALREADY ALLOCATED FUNDS TO THE STATES, THE STATES HAVE TAKEN LITTLE TO NO ACTION TO DISBURSE THE FUNDS THAT THEY ALREADY HAVE. >> … … … Some landlords have claimed to find the paperwork difficult. Well if they cannot take the time to fill out the paperwork, I suggest that the States deny them the right to foreclose, period. Nobody likes paperwork, but everybody laying claim to public funds should not be permitted to use their laziness as an excuse to evict their tenants. This is in the State’s hands and they need to get started. Biden has bought them some time and they need to use it wisely. … … … I will be interested to see how long a challenge to the revised moratorium takes to be resolved by the Supreme Court. I will be exceedingly pissed if it does not take as much time as it took for them to find that the trump had to release his tax records to the NY district attorneys. What was it, something like a year, was it two or was it more? I would hope our blind justice system that supposedly treats everyone equally takes as long to resolve this matter which benefits so many people as it took to protect the trump from releasing his tax returns which benefited a single person. Should get another good gauge as to wether or not our conservative court is being as ‘just’ regarding issues effecting the many as they have been for issues benefitting the ‘chosen’ few.
For those with illness and unable to work or those unable to find work, this is a necessary action. End homelessness in America.
The eviction moratorium was not constitutional. Liberals continually push to violate The Constitution of the United States of America. The legal citizens of this country must be protected from liberal bureaucrats seeking a communist form of government within the US.
How are the property owners supposed to pay their bills? What about HOA fees, property taxes, insurance etc. These bills don’t stop coming in!! This is past ridiculous at this point. People can’t live rent free off the backs of their landlords forever!