Eviction Moratorium Unconstitutional (Page 1/4)
blackrams FEB 27, 06:29 AM
Texas federal judge rules CDC's pandemic eviction moratorium unconstitutional

https://www.msn.com/en-us/n...1e3kqP?ocid=msedgntp

Depending on your perspective, this could be good news or not so good news.
Will most likely be taken to a higher court.
I know this, I'm glad I don't rent and am not a landlord.

Rams
Raydar FEB 27, 08:23 AM
All it is, is a question of who takes it in the shorts. The renters. The landlords. Or the mortgage holder.
I wonder how many people who were problem tenants, and were cruising towards an eviction even before the current crisis, are still in place, and currently "protected".
Pretty much every action has consequences.
blackrams FEB 27, 09:34 AM

quote
Originally posted by Raydar:

All it is, is a question of who takes it in the shorts. The renters. The landlords. Or the mortgage holder.
I wonder how many people who were problem tenants, and were cruising towards an eviction even before the current crisis, are still in place, and currently "protected".
Pretty much every action has consequences.



Well, I believe the Judge is correct, I don't believe the government has the right to tell a landlord who isn't getting paid that the renter can't be evicted. Once Renter has had due process, if they aren't paying the rent, they should be outta there. That may sound cold but, no one has been promised a rose garden.

Rams
cliffw FEB 27, 09:39 AM

quote
Originally posted by blackrams:
I don't believe the government has the right to tell a landlord who isn't getting paid that the renter can't be evicted.



For one it wasn't the government per say. It was The Center for Disease Control. They have no regulatory authority. The merely provide guidance.
blackrams FEB 27, 09:59 AM

quote
Originally posted by cliffw:


For one it wasn't the government per say. It was The Center for Disease Control. They have no regulatory authority. The merely provide guidance.



I beg to differ.


quote
Centers for Disease Control and Prevention Institute
Centers for Disease Control and Prevention
The Centers for Disease Control and Prevention is a national public health institute in the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgia.




quote
As the nation’s public health protection agency, CDC has certain authorities to implement regulations related to protecting America from health and safety threats, both foreign and within the United States, and increasing public health security. CDC and other agencies implement public health laws passed by Congress through Federal Regulations.



quote

CDC’s role in rules and regulations
As the nation’s public health protection agency, CDC has certain authorities to implement regulations related to protecting America from health and safety threats, both foreign and within the United States, and increasing public health security.

CDC and other agencies implement public health laws passed by Congress through Federal Regulations. After a Congressional bill becomes law, federal agencies may be responsible for putting the law into action through the development of regulations—also known as “rules.” Federal regulations give the public details or specific requirements of how the law will be applied. The process of creating regulations or rules is called rulemaking.

What are CDC’s regulatory authorities?
Click on each public health program in the boxes below for information on CDC’s regulatory authorities. You can also find the official text of CDC regulations published in the Code of Federal Regulations under Title 42—Public HealthExternal.



This was CDC's ruling supported by the President. I don't see how this could be any more government.
But, just because the CDC has regulatory jurisdiction on some aspects, doesn't mean they can stop evictions. Just my (and the Judge's) opinion.
The CDC overreached their authority (at least as it currently stands).

Rams

[This message has been edited by blackrams (edited 02-27-2021).]

LitebulbwithaFiero FEB 27, 10:16 AM
How many people that were capable of paying their rent, didn't because the government said they could not be evicted if the did not?
blackrams FEB 27, 10:19 AM

quote
Originally posted by LitebulbwithaFiero:

How many people that were capable of paying their rent, didn't because the government said they could not be evicted if the did not?



I can't give you a number but, I know of several (three) landlords that will soon be losing their investments due to lack of payment.
They can't make their payments to the loaning institutions due to not being able to enforce their rental contracts. This judgement is way too late to save many.
Yeah, I feel bad for the renter's that lost their jobs due to the Pandemic and had to make some hard decisions. But, I also know of one family that actually made more than their usual pay during the government payout period of COVID due to the increased unemployment benefits and still didn't pay their rent. They (or he) actually bragged about making more money to me.

Rams

[This message has been edited by blackrams (edited 02-27-2021).]

sourmash FEB 27, 10:27 AM
CDC is always being called "private" and not government by Mike Rivero on whatreallyhappened.com . His site is a news gathering one like Drudge except he's not a mainstream media stooge like Drudge.
Never bothered to search if the CDC quasi government or not because it's not that important to me to this point. Someone else who wants to play superhero can search-engine it.

Government is preventing evictions so society doesn't collapse faster and people don't march in the streets sooner. They're throwing the owners on the brush pile instead. The ultimate goal is no private property anyway.
williegoat FEB 27, 11:39 AM


I suppose it is just a coincidence that much of the government's reaction to covid has destroyed many small businesses. Amazon and Microsoft seem to be doing just fine, though.

When the small landlords are forced into default, the big banks are going to have a field day.

[This message has been edited by williegoat (edited 02-27-2021).]

Old Lar FEB 27, 01:30 PM
My cousin has a rental property and renter just stopped paying rent, yet my cousin has to pay the taxes etc on the property.