Landlords mount legal challenge to Biden admin’s new eviction moratorium

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A group of landlords and real-estate companies issued a legal challenge to the Biden administration’s new national eviction moratorium in a DC district court on Wednesday night.

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running news: The emergency resolution of the Alabama and Georgia Association of Realtors argues that the Centers for Disease Control and Prevention’s order on Tuesday preventing evictions for most of the US through October 3 exceeds the powers of the CDC, according to a statement from National Association of Realtors.

  • The groups cited a June Supreme Court decision that refused to override the previous extension until July 31.
  • The National Association of Realtors said in its statement that nearly half of all housing providers are “mom-and-pop operators” and that without rental income, “they can’t pay their bills or maintain their properties.” can.”
  • If successful, the challenge could put millions of people at risk of falling behind on their rent or becoming homeless during the pandemic as the delta variant spreads to many parts of the US

big picture: The Biden administration allowed the previous removal moratorium to end, saying it did not have the legal authority to extend the ban and urge Congress to act.

  • But the administration changed course after pressure from Democrats — notably Rep. Among progressives, including Corey Bush (D-Mo.), who protested the move to the US Capitol.

of comment: The new order temporarily halts evictions in counties with high COVID-19 cases and must cover areas where 90% of the US population lives, AP Notes.

  • The landlord and realtor groups argue in their filings that the CDC extended the moratorium in the “absence of an executive legal authority.” Washington Post.

Flashback: In a Supreme Court decision, Chief Justice John Roberts and Justice Brett Kavanaugh join the court’s three liberal justices in dropping the CDC’s earlier moratorium.

  • Kavanaugh agreed that the CDC had exceeded its authority in enforcing the moratorium, but said the extension would allow the government “a more orderly distribution of additional rental assistance funds appropriated by Congress.”
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What are they saying: White House Press Secretary Jen Psaki said Wednesday that President Biden, who has a law degree, would not support action if he was not comfortable with the legality of the case, per AP.

  • “It is a narrow, targeted moratorium which is different from the national moratorium. It is not an extension of that,” she said.


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