Supreme Court blocks part of New York eviction moratorium (unemployed, Congress, regime)
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In an unsigned order, the court said it had blocked a part of the state moratorium that allowed a tenant to "self-certify financial hardship." The provision precludes a landlord from contesting that certification and denies the landlord a hearing.
The court said the scheme "violates the Court's longstanding teaching that ordinarily 'no man can be a judge in his own case' consistent with the Due Process Clause." The court noted that another provision of the moratorium was not a part of the challenge at hand and would remain in place. That provision allows courts to consider a Covid-related hardship defense in part by assessing a tenant's income prior to Covid.
In other words now the tenant must prove they can’t pay rent due to Covid created hardships, not just claim it.
The court majority this time refused to take into consideration that the order was soon lapsing. This does not bode well for the CDC moratorium.
Kavanaugh tried to be gracious on the previous eviction moratorium case, and the regime dissed him and the SCOTUS in response by issuing a brand new order. The SCOTUS was assuredly not amused and is not likely to make that mistake again any time soon.
Fool me once, shame on you.
Fool me twice, shame on me.
Did anyone ever figure out where the CDC got its authority to impose moratoriums?
The SCOTUS ruled at the end of June that they have no such authority and that an act of Congress would be required to extend the moratorium. After it expired at the end of July, the regime under the auspices of the CDC extended it anyway.
The new case was heard by a DC federal court earlier this week. The judge is expected to issue a ruling snacking down the regime and the CDC at any time, maybe even tomorrow.
This should be good news but I'm gobsmacked we have 3 Supreme Court justices who believe someone can simply declare themselves exempt from paying rent with zero recourse. Unbegoddamnlievable.
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