CDC Eviction Ban Ruled Unconstitutional (apartments, renters, homes)

[BugsyPal]

Ruh roh Raggy!

NYS's eviction moratorium relies heavily on federal one as well.

This is going to get interesting....



https://therealdeal.com/2021/02/26/n...=feature_posts

[Bklynball]

Nothing will get interesting. This is some state judge. It will.otobablt take another 6 months to get to the SC (if it makes it there).

[Airborneguy]

This should be obvious. Our government was never intended to have the power to dictate how Americans can use their property.

Sorry renters, but if you don't like the terms of your rental situation, you're free to find another apartment. You don't own it, period.

[Llol45519]

Originally Posted by Airborneguy

You don't own it, period.

In this town you do. The inmates run the asylum. See:Venezuela.

[BBMW]

This sounds like a federal vs state / local issue. If states are imposing their own moratoria this likely won't apply.

[mathjak107]

Renters will always be political pawns ...there are more renters than owners in nyc so nyc politics will always favor renters

[Mr.Retired]

Originally Posted by BugsyPal

Ruh roh Raggy!

NYS's eviction moratorium relies heavily on federal one as well.

This is going to get interesting....



https://therealdeal.com/2021/02/26/n...=feature_posts

Excerpt: Some examples of tenants gaming the system have emerged.

Response: Opinion

The biggest problem is that it is not some who are gaming the system , it is many.
The IRS needs to connect with the Federal government. Determine who has not paid
rent ( big undertaking ) while being gainfully employed and file suit for theft of services
in return compensating victimized Landlords.

If the Landlords are not compensated it would be cheaper to
keep apartments vacant until this abomination of an emergency
act is kicked out or submit applications to convert your homes
temporarily back to one family residences instead of subjecting
yourself to this monetary beatdown.

[prospectheightsresident]

Originally Posted by BugsyPal

Ruh roh Raggy!

NYS's eviction moratorium relies heavily on federal one as well.

This is going to get interesting....



https://therealdeal.com/2021/02/26/n...=feature_posts

I don't think there is any sound constitutional argument to suggest that states cannot implement/enforce such bans themselves. This case dealt with whether Congress has such authority under the federal Constitution.

[dfc99]

Originally Posted by mathjak107

Renters will always be political pawns ...there are more renters than owners in nyc so nyc politics will always favor renters

But the US Constitution clearly protects property rights. A few 'takings' cases are making their way through the federal courts.

[prospectheightsresident]

Originally Posted by dfc99

But the US Constitution clearly protects property rights. A few 'takings' cases are making their way through the federal courts.

I think there is a strong takings clause case to be made from these eviction bans. We'll see what the Supreme Court ultimately rules on the matter (if it makes it that far).