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Old 02-27-2021, 07:12 AM
 
Location: Sarasota/ Bradenton - University Pkwy area
4,615 posts, read 7,537,235 times
Reputation: 6036

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In a surprise decision Thursday, a federal court has struck down the Centers for Disease Control and Prevention's (CDC) controversial ban on evictions as unconstitutional.

The federal government's power to regulate interstate commerce "does not include the power to impose the challenged eviction moratorium," wrote Judge J. Campbell Barker for the U.S. District Court for the Eastern District of Texas in his opinion yesterday. "Although the COVID-19 pandemic persists, so does the Constitution."

This ruling comes in response to a lawsuit brought by the Texas Public Policy Foundation (TPPF) and the Southeastern Legal Foundation on behalf of several Texas landlords who've been prevented from evicting non-paying tenants because of the CDC's order.




The government is likely to appeal the decision too, meaning the case will go to the U.S. Court of Appeals for the 5th Circuit.
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Old 02-27-2021, 04:42 PM
 
Location: Salem, OR
15,577 posts, read 40,430,010 times
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We have a state freeze here so this doesn't impact us. The freezes are very problematic though. It was one thing to do it for 1-2 months, but we are coming up on a year in Oregon.
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Old 02-27-2021, 05:22 PM
 
Location: Redwood City, CA
15,250 posts, read 12,960,932 times
Reputation: 54051
Quote:
Originally Posted by Sunshine Rules View Post
The government is likely to appeal the decision too, meaning the case will go to the U.S. Court of Appeals for the 5th Circuit.

At least it's not the Ninth Circus.
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Old 03-22-2021, 09:09 AM
 
2,170 posts, read 1,954,574 times
Reputation: 3839
This is all going to catch up eventually, at some point you have to pull off the bandaid. Unemployment is under 7%, vaccines are rolling out, there are "hiring" signs everywhere. NJ has over 50,000 evictions currently lined up. At some point they have to let landlords evict non-paying tenants, otherwise the home will be foreclosed on and both the landlord and the tenant end up on the streets.
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Old 03-22-2021, 12:17 PM
 
Location: In a city within a state where politicians come to get their PHDs in Corruption
2,907 posts, read 2,068,788 times
Reputation: 4478
Quote:
Originally Posted by ericp501 View Post
This is all going to catch up eventually, at some point you have to pull off the bandaid. Unemployment is under 7%, vaccines are rolling out, there are "hiring" signs everywhere. NJ has over 50,000 evictions currently lined up. At some point they have to let landlords evict non-paying tenants, otherwise the home will be foreclosed on and both the landlord and the tenant end up on the streets.


It's not just that. It's that it will severely limit the supply of rental homes outside of big apartment complexes. Who wants to rent something to someone if they have no recourse?

Therefore, prices will go up and it will hurt the tenants the most.

The fact that neither the tenants nor the governments championing eviction freezes realize this isn't surprising to me. It should be, but it isn't.
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Old 03-22-2021, 01:32 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,903,282 times
Reputation: 17999
Quote:
Originally Posted by Sunshine Rules View Post
In a surprise decision Thursday, a federal court has struck down the Centers for Disease Control and Prevention's (CDC) controversial ban on evictions as unconstitutional.

The federal government's power to regulate interstate commerce "does not include the power to impose the challenged eviction moratorium," wrote Judge J. Campbell Barker for the U.S. District Court for the Eastern District of Texas in his opinion yesterday. "Although the COVID-19 pandemic persists, so does the Constitution."
If the only reason was interstate commerce, the decision doesn't preclude state's from continuing their own moratoriums.

Landlord-tenant matters are state and local issues.
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Old 03-22-2021, 04:16 PM
 
Location: OC
12,839 posts, read 9,562,557 times
Reputation: 10626
Quote:
Originally Posted by tolovefromANFIELD View Post
[/b]

It's not just that. It's that it will severely limit the supply of rental homes outside of big apartment complexes. Who wants to rent something to someone if they have no recourse?

Therefore, prices will go up and it will hurt the tenants the most.

The fact that neither the tenants nor the governments championing eviction freezes realize this isn't surprising to me. It should be, but it isn't.
Not sure if they realize but am very sure they don't care. Free rent!!! Poor landlords. Just makes me angry thinking about it
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Old 03-23-2021, 07:37 AM
 
5,989 posts, read 6,780,482 times
Reputation: 18486
Rent on my units has gone up at least 20% since before the pandemic, plus screening extremely tightened up. It's difficult to get anyone evicted, but it's also very difficult for anyone to get into a new unit. I'd rather let it sit open for a few weeks, than risk renting to someone who isn't going to pay the rent. I think landlords across the country are doing the same.
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Old 03-23-2021, 07:40 AM
 
Location: Columbia, SC
10,965 posts, read 21,983,290 times
Reputation: 10680
Yes, it's really messed up that the government is forcing owners to let someone stay in their property for free. I just don't understand how we got to this point that so many people in control feel it's acceptable. Maybe I can start using my local governors car for free, or start crashing in his house if I have financial struggles, rent free of course.
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Old 03-23-2021, 08:35 AM
 
5,986 posts, read 3,727,800 times
Reputation: 17064
Quote:
Originally Posted by Sunshine Rules View Post
In a surprise decision Thursday, a federal court has struck down the Centers for Disease Control and Prevention's (CDC) controversial ban on evictions as unconstitutional.

The federal government's power to regulate interstate commerce "does not include the power to impose the challenged eviction moratorium," wrote Judge J. Campbell Barker for the U.S. District Court for the Eastern District of Texas in his opinion yesterday. "Although the COVID-19 pandemic persists, so does the Constitution."

This ruling comes in response to a lawsuit brought by the Texas Public Policy Foundation (TPPF) and the Southeastern Legal Foundation on behalf of several Texas landlords who've been prevented from evicting non-paying tenants because of the CDC's order.




The government is likely to appeal the decision too, meaning the case will go to the U.S. Court of Appeals for the 5th Circuit.

What puzzles me is how the H*LL the CDC even has a say in any matters regarding rents or eviction of tenants. Apparently they don't, according to the Texas judge, but I guess we will see whether the constitution and common sense gets overturned by the "disease" of liberalism.
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