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.”
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.
“The emergence of the delta variant has led to a rapid acceleration of community transmission in the United States, putting more Americans at increased risk, especially if they are unvaccinated,” said CDC Director Rochelle Walensky. “This moratorium is the right thing to do to keep people in their homes and out of congregate settings where COVID-19 spreads.”
The new order covers any renter making up to $99,000 ($198,000 per couple) and signs a hardship declaration stating that they have lost income, have tried to access government assistance, and would likely be made homeless or forced to move into a more crowded living situation.
Here lies the problem; it is not too hard to figure out. When the Supreme Court took a case concerning this over a month ago, they ruled due to the time frame of the moratorium running out, they would not rule on it because it would be done by the time they did. But it was also stated that this was unconstitutional; the CDC nor the President had a right to do this, the only congress had this right, which would have to be done with the Senate.
Biden and the Democrats know this, but they also know there is a time period for the Supreme Court to act and implement their rulings, so they put this in place outside of the time they can act. By shortening the extension, the court, outside of an expedited hearing, which may happen, to get the ruling back and a decision made will take longer than the extension given.
I want people to know. I am sympathetic to the problem of making ends meet; since this COVID has started, I have a sibling fighting cancer and have taken him into my home. I am with a limited income, but family is family, but doing so has added a hardship, has made it more difficult to cover all the bills since my family has gone from taking care of three to now taking care of five. Still, I have continued to cover rent through this all, but at the expense of other bills.
Justice Brett Kavanaugh, one of five justices who essentially voted to keep the moratorium in place, issued a short opinion saying that he thought the CDC’s order was illegal. Nevertheless, he said that it should be allowed to run its course given that it would expire in a few weeks anyway and that those weeks would give more time for $46 billion in rental assistance funds to trickle out to tenants and landlords.
At the same, Kavanaugh wrote that “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”
Because of that opinion, the Biden administration has been telling anyone who’ll listen that it couldn’t extend the moratorium on its own.
“To date, CDC Director Rochelle Walensky and her team have been unable to find legal authority for a new, targeted eviction moratorium,” White House Press Secretary Jen Psaki said in a statement Monday.
“The President has not only kicked the tires; he has double, triple, quadruple checked. He has asked the CDC to look at whether you could even do targeted eviction moratorium—that just went to the counties that have higher rates—and they, as well, have been unable to find the legal authority for even new, targeted eviction moratoriums,” said White House advisor Gene Sperling at a press conference the same day.
This is an outright lie from the White House; they know what they did was outside their constitutional right, instead are acting for political points they put in place an extension that keeps the Supreme Court from acting.
If the government wants to extend this, they have had since Trump was in office to act on this, pass a bill through congress, and have it affirmed by the Senate. If they can’t get the votes, then it should be dropped.
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