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Friday, July 30, 2021

Sixth Circuit Rules CDC Eviction Moratorium Is Unconstitutional

The Sixth Circuit Court of Appeals unanimously ruled that the national eviction moratorium mandated by the U.S. Centers for Disease Control and Prevention (CDC) is unconstitutional. The court said in its ruling that the matter ultimately needed to be resolved by Congress. 

The three-judge panel ruled that the CDC engaged in federal overreach by mandating that tenants who are unable to pay their rent and are in breach of their rental agreements may not be evicted. The CDC had implemented a moratorium in response to millions of people losing their jobs due to governors shutting down their state economies to slow the spread of COVID-19.

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I wonder how this is going to affect California who was (or maybe did, I don't know) going to use Federal Covid grant money to pay the back rent and mortgages of California residents.

11 comments:

  1. The Sixth Circuit only covers Kentucky, Tennessee, Michigan, and Ohio.

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    Replies
    1. We only have one Constitution. Something can't be unconstitutional in one part of the country but not another.

      Delete
    2. Kenny, you would think so but it appears a warp occurred and we now live in 2 different countries
      JD

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    3. Logic applied to plain English does indeed tell us that, but what the Judicial system tells us is "constitutional" means "whatever is most beneficial to the Judicial system at any given place, or time."

      I spent an eye-opening year in law school. It was fascinating (and revolting) just how debatable and malleable plain English can be in the hands of a talented sociopath eager to talmudically quibble over each and every detail.

      Delete
    4. Univ of Saigon 68July 31, 2021 at 8:24 AM

      " It was fascinating (and revolting) just how debatable and malleable plain English can be in the hands of a talented sociopath eager to talmudically quibble over each and every detail."

      I'm writing that down and blatantly stealing it.

      Delete
  2. Other Circuits can rule differently. The Supreme Court could/should eventually hear a case that would resolve the split between Circuits.

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  3. As stated the Sixth Circuit ruling ONLY applies to states in that district....so the state sanctioned thievery will continue everywhere else. And this ruling should have happened within DAYS of the CDC's edictd. By now it's FAR TOO LATE for most smaller landlords. They have already lost so much money that most will be forced into bankruptcy. Which is probably an INTENDED consequence of this insane action by the CDC. The commies in power are REAL COMMIES.....they utterly HATE the notion of private property ownership.

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  4. People are getting the government largess but they are not paying their rent because the government said they don't have to.

    The government rightly should have paid the landlords directly then the tenants can figure out how to buy food ... that is more than enough help ... and don't forget who is really paying all this welfare .... the rest of us.

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  5. What Dan above said. In addition, now that this ruling has been made, it could be the trigger for a major reset in the stock market, not to mention the millions of homeless it will create when and if the sheriffs start forcibly evicting the people that are in arrears.

    Then there are the banks, who become the prime landlords and property owners throughout the country. At least the ones that don't fail because their liabilities outweigh their assets. Assets that will shrink to nothing because the properties they foreclose on aren't worth diddly any more. No problem though, Uncle Joe will just order the Treasury to invent, out of thin air, 30 or 40 or 50 trillion more $ to "help" the banks survive the storm, just like they did in '09.

    Don't forget who's in charge of the Treasury these days. Janet "The Troll" Yellen who thinks .gov debt (that means all of us) is a good thing.

    Nemo

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  6. CDC is liable ethically and legally. It is in the public interest to bail them out, because if the small landlords go under, rents are going to be based on cartel and monopoly pricing, not economic pressure.

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  7. Gordon (other Gordon)July 31, 2021 at 11:03 PM

    Quote:"Then there are the banks, who become the prime landlords and property owners throughout the country. At least the ones that don't fail because their liabilities outweigh their assets."
    Um, no. The banks aren't going to loose didly. They have long since securitized their mortgage holdings and sold them off to investors. It is the investors who will see their investments become worthless. The banks, in the mean time, will make out like bandits when they foreclose on the mortgages. What is the market value of the property? Gee, we better get an appraisal. It just so happens that we have an in house appraiser, who just so happens to charge 10x the usual going rate. And the property needs to be inspected. There needs to be a title search, document processing fees, legal review fees, etc, etc. All conducted by the bank's in house, overcharging, service departments. And all those costs get payed first out of any proceeds from the foreclosure sale.
    How do I know this? I worked in real estate for a while and saw it first hand.

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