Federal judge strikes down CDC eviction moratorium – The Daily Reporter – WI Construction News & Bids – Milwaukee, Wisconsin

Milwaukee, Wisconsin 2021-05-06 12:11:32 –

Tenant advocates will be demonstrating on January 13 outside the JFK Federal Building in Boston. (AP Photo / Michael Dwyer, file)

Associated Press

Boston (AP) — A federal judge ruled on Wednesday that the US Centers for Disease Control and Prevention exceeded its authority when it imposed a moratorium on federal peasant evictions.

The Justice Department said it would appeal the decision of the US District Court in Washington, DC. This means that the ban, which was extended in March until the end of June, will have no immediate effect.

Opponents of the Moratorium, including the National Association of Real Estate Agents, welcomed the decision, saying the solution was not a ban on eviction of peasants, but a rental aid.

“This will prevent two crises, one for tenants and one for moms and pop housing providers who have no grace from the bill,” Charlie Oppler, chairman of the Association of Real Estate Agents, said in a statement. “.

“With rental support secured, the economy strengthened and the unemployment rate declining, there is no need to continue a full nationwide ban on peasant evictions.”

The National Association of Realtors Members of Alabama and Georgia was one of the plaintiffs in the proceedings.

The ban on peasant evictions, which came into effect last year, raises concerns that the highly contagious virus will spread further if families lose their homes during a pandemic, move to shelters, or share crowded situations with relatives and friends. And protect the lessor.

Proponents of the ban argue that it is necessary because the pandemic remains a threat and so many people are at risk of eviction and foreclosure. According to the Census Bureau’s Household Pulse Survey, about 4 million people in the United States faced evictions or foreclosures of peasants within the next two months.

Brian M. Boynton, deputy prosecutor of the Justice Department’s Citizens Bureau, said in a statement announcing the Justice Department’s decision to appeal, the moratorium on eviction of peasants said, “Monthly payments for unemployment and medical expenses. Protect many lessees who can’t. ” Court ruling.

“Scientific evidence exacerbates the spread of COVID-19, which has already killed more than 500,000 Americans, and the harm to the public that may result from unchecked peasants cannot be undone. It shows, “he added.

Congress has allocated more than $ 45 billion in rental assistance, many of which have not reached poor tenants.

Eric Dan, head of proceedings for the National Housing Law project, said most of the rent relief programs started only in late March and early April. “At least in the United States, the pandemic feels like it’s coming to an end, but it’s not over yet. If we have a ton of waves of exile, it could really set us back. . “

Wednesday’s ruling is just the latest court decision on moratorium.

Landlords in some states have urged them to revoke their orders, claiming that they have caused financial difficulties and infringed their property rights. They continue to oppose any extension, saying that there is nothing to address the financial challenges facing renters and landlords.

There are at least six prominent proceedings that challenge the powers to ban the CDC. So far, three judges have agreed with the ban, three have opposed it, and all proceedings are currently being appealed. A judge in Memphis has declared that he cannot enforce CDC orders throughout the western part of Tennessee.

Dan worries that the radical nature of the ruling, which clearly states that it applies nationwide, could encourage landlords in some states to push for eviction of peasants. doing.

“In fact, there may be landlords who think the previous decision doesn’t apply to them, or landlords who can’t rely on them and may choose to rely on them,” he says. I did. “Therefore, it may have a broader effect, but I think it’s technically the same. None of the federal court decisions are binding on state court judges who actually hear the peasant eviction case. There is none.”

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