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What puzzles me is how the H*LL the CDC even has a say in any matters regarding rents or eviction of tenants.
They have the power under a public health emergency which the pandemic is considered. However, the issue isn't the CDC's order, it's how the individual States and their Courts have interpreted it. Many States have directed their courts not to evict anyone based on the CDC order, but the reality is, the eviction moratorium only applies if a tenant can make the following declaration under the CDC's order:
I certify under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing are true and correct:
• I have used best efforts to obtain all available government assistance for rent or housing;1
• I either expect to earn no more than $99,000 in annual income for Calendar Year 2020-2021
(or no more than $198,000 if filing a joint tax return), was not required to report any income
in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment
(stimulus check) pursuant to Section 2201 of the CARES Act;
• I am unable to pay my full rent or make a full housing payment due to substantial loss of
household income, loss of compensable hours of work or wages, lay-offs, or extraordinary2
out-of-pocket medical expenses;
• I am using best efforts to make timely partial payments that are as close to the full payment
as the individual’s circumstances may permit, taking into account other nondiscretionary
expenses;
If a tenant has not been asked by the State or Courts to certify their need under the CDC's rules, and that declaration has not been verified by the Sate or Court, it's the State and Courts screwing things up.
They have the power under a public health emergency which the pandemic is considered. However, the issue isn't the CDC's order, it's how the individual States and their Courts have interpreted it. Many States have directed their courts not to evict anyone based on the CDC order, but the reality is, the eviction moratorium only applies if a tenant can make the following declaration under the CDC's order:
I certify under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing are true and correct:
• I have used best efforts to obtain all available government assistance for rent or housing;1
• I either expect to earn no more than $99,000 in annual income for Calendar Year 2020-2021
(or no more than $198,000 if filing a joint tax return), was not required to report any income
in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment
(stimulus check) pursuant to Section 2201 of the CARES Act;
• I am unable to pay my full rent or make a full housing payment due to substantial loss of
household income, loss of compensable hours of work or wages, lay-offs, or extraordinary2
out-of-pocket medical expenses;
• I am using best efforts to make timely partial payments that are as close to the full payment
as the individual’s circumstances may permit, taking into account other nondiscretionary
expenses;
If a tenant has not been asked by the State or Courts to certify their need under the CDC's rules, and that declaration has not been verified by the Sate or Court, it's the State and Courts screwing things up.
But the problem with that, as I see it, is that it is the CDC which is setting economic and contractual policy that the states, and hence the residents of the states, must abide by. Again, who the H*LL is CDC to say who has to pay rent and at what income level and all that????? The states and the US government have laws and programs which apply to eligibility for housing assistance, unemployment compensation, and all that... not to mention laws which apply to contracts between individuals or individuals and corporations.
What if the CDC were to say that due to the coronavirus situation, a person doesn't have to pay their credit card bill or their car payment to the bank if their income limit is less than X dollars? Makes no d**n sense at all as far as I'm concerned. IMO, the CDC is clearly overstepping their constitutional authority. As the judge said, there may be a pandemic in effect now, but that doesn't nullify the constitution.
Yes, let's that ask that a different way. Why does the government, cdc, whoever, have the right to interfere with a contract between 2 individuals. Person A and Person B sign a contract saying that Person A can rent the house for X per month and as long as they pay they stay. Now CDC steps in and says we are going to override your contract and Person A can now stay without paying. How is it fair at all, or legal, to treat Person B in this manner?
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