Eviction Moratorium Extension Smacked Down by Supreme Court

Faye Higbee

The CDC and Biden reupped the eviction moratorium on their own authority. The Supreme Court, in a 6-3 decision, said it is illegal for the moratorium to continue without Congressional action. Liberal Justices Breyer, Sotomayor, and Kagan were the only dissenting votes. Congress was unable to pass an extension on the eviction moratorium previously, which is why it was extended by the Biden administration.

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If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.

The majority says that the CDC, in barring evictions, relied on “a decades-old statute that authorizes it to implement measures like fumigation and pest extermination.

“It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

Supreme Court

There are two sides to this coin: small landlords who have not been paid any rent for the last year and a half have also been struggling – some are themselves facing homelessness. There are literally hundreds of thousands of open jobs in the US at this time. With people refusing to take them because of government programs that pay them not to work, or fear of the Covid virus, businesses are having trouble filling those positions. There are help wanted signs in nearly every restaurant and other business all over the nation. In the name of the government ‘helping,’ an entirely different issue has arisen.

The government excuse is Covid, and has continued to be since the beginning.

The Biden administration is disappointed that the Supreme Court has blocked the most recent CDC eviction moratorium while confirmed cases of the delta variant are significant across the country. As a result of this ruling, families will face the painful impact of evictions, and communities across the country will face greater risk of exposure to COVID-19. In light of the Supreme Court ruling and the continued risk of COVID-19 transmission, President Biden is once again calling on all entities that can prevent evictions – from cities and states to local courts, landlords, Cabinet agencies – to urgently act to prevent evictions.

Jen Psaki

An Air Force Veteran lives in her car

But small landlords, those with 6 or fewer units, have been greatly impacted by the eviction moratorium. With no income from their rental properties, they have been struggling to survive. States who are supposed to distribute the rental funds have not done so – up to 89% of the monies allocated have not been distributed.

A landlord in upstate New York is living out of a car with her daughter after being unable to collect rent from tenants in three properties she owns due to eviction moratoriums. 

“I don’t understand how they can give my private property to somebody to live for free. I bought that property. I fixed it up with my blood, sweat and tears,” Brandie LaCasse, a single mother and Air Force veteran, told CBS News.

Now, LaCasse is living out of a car with her daughter, as well as staying with friends when she is able. 

Fox business

The problem is that funds earmarked for rental assistance ($46 Billion) have either not been distributed. One of LaCasse’s tenants was approved for rental assistance, but the Air Force veteran never received any rent from the state of New York.

Government assistance for the vulnerable renters was helpful in the short term. But extending it long term is a disaster with far reaching consequences.


Featured photo: screenshot

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