SCOTUS Rules to Maintain CDC’s Eviction Moratorium

Joe Ravi via Wikimedia Commons

The Supreme Court has voted to maintain the Center for Disease Control and Prevention’s eviction moratorium. The order was put in place as a response to the Coronavirus pandemic to ensure renters who couldn’t make payments due to the virus were not displaced. The court ruled 5-4 against an emergency request from landlords asking to end the moratorium which was recently extended through July.

The Hill reports:

The landlord group had asked the justices to lift the stay on a ruling by a federal judge in Washington, D.C., that the moratorium amounted to an unlawful government overreach.

But Chief Justice John Roberts and Justice Brett Kavanaugh joined with the court’s three liberals to keep the stay in place.

“Because the CDC plans to end the moratorium in only a few weeks, on July 31, and because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds, I vote at this time to deny the application to vacate the District Court’s stay of its order,” Kavanaugh wrote in brief concurrence.

Yet Kavanaugh also said he agreed with the federal judge’s determination that the CDC had exceeded its authority in enacting the moratorium.

Justice Kavanaugh also noted in his concurrence that should the CDC wish to extend the moratorium past July 31 that Congress should need to pass new legislation.



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sly8ball
sly8ball
1 year ago

SCOTUS needs to set a very firm date of expiration for the end of the eviction moratorium, media, such as it is, should continually advertise that it will end on this date, make a ruling that ALL rental owners must work with renters and their past due amounts….rental owners have bills to pay and should not be penalized for those not paying current, past due rent….plenty of jobs opened across the country and no reason people can’t get a job to start paying back rent to landlords….

cashgirl
11 months ago
Reply to  sly8ball

Agree 100%! Most of the benefits provided to individuals because of this fear-mongered “panicdemic” should have already ended! And that they extended the additional unemployment benefits only incentivized those who don’t want to go back to work to stay home and remain on the dole!! And you are so right — there are help wanted signs up everywhere. Go to work people — pay your rent!!

Susanana
Susanana
11 months ago
Reply to  sly8ball

Landlords should get remuneration for withholding evictions. Stimulus funds should be distributed to them so they don’t go bankrupt. Look at the whole picture. I’m for getting people off the street but need to help landlords too.

IScream2
IScream2
11 months ago
Reply to  sly8ball

It seems that the government is trying to “take” people’s property without just compensation. They can argue that it is “for the public good” – but the landlords must be justly compensated for the taking. SCOTUS – what part of that did you not understand?…

Marie Grace
Marie Grace
11 months ago

The SCOTUS does not have the authority to make Laws…only affirm them in agreement with the Constitution and Ratified Laws the Congress and Senate have made. I don’t know of any actual Law regarding a moratorium on evictions. Has the SCOTUS overstepped their authority again??

Dee S
11 months ago

The CDC totally exceeded its authority. Dr. Fauci and his Fear mongering destroyed jobs and businesses too.

Jawad
Jawad
11 months ago
Reply to  Dee S

Exactly! Read Dante’s Inferno. The likes of Dr. Falsie will wind up in some Circle of HELL.

Aint So
Aint So
11 months ago

And these are the great legal minds of our time? A relative few must bear all the financial burdens that government “generosity” imposes? This is illegal seizure and just another pile of government crap. Would love to get a chance to argue that for ten minutes with any of these great and generous minds. If elected government wants to be overtly generous, let the government foot the tab. If the officials are unelected appointees who enact these punitive policies, they can personally bear the unconstitutional burden they so generously impose upon others. Never hard to find people in government who are generous with other peoples money and resources.

joydbrower
joydbrower
11 months ago

It’s WAY past time to let the “freeloaders” hang out on other people’s property without paying any rent!! This was a short-sighted ruling by an increasingly libtard court!! I really feel sorry for those who have a lot of $$ invested in properties that have become – for all intents & purposes – real liabilities!

MikeyW
11 months ago

Let’s see if I have this straight. Kavanaugh agrees that the CDC did not have the authority to establish an eviction moratorium, but since it will (supposedly) end in a few weeks (it was already extended once and may be extended again), he is denying the application to vacate the moratorium. How is this justice? Not all landlords are big corporations with deep pockets.

Someone is stealing money from me, but because they expect to stop after July 31 and MAYBE will pay back the money they stole (without interest and probably over several months to a year if at all), it’s OK that they keep stealing from me until then?

I’m not a lawyer (I considered it once, but my father told me that if I was going to steal money I should do it honestly and use a gun) but it seems only common sense to me that if something is wrong it should be stopped as soon as possible, not allowed to continue because it will cease in the very near future..

Roseann Carpenter
Roseann Carpenter
11 months ago
Reply to  MikeyW

Very WELL SAID

CountryBoy
CountryBoy
11 months ago

They are looking to DESTROY the Land Lords and Property OWNERS…. these people still need to PAY the Mortgages to the Banks….

trojan
11 months ago

If they are going to rule this way, shouldn’t the landlords also have relief from the mortgage companies they are under obligation to pay? If you’re going to give relief to the renters, should you not also give relief to the landlords. Just trickle up to the top. Also, give relief to the landlords from the counties they owe property taxes to. I’m sure the counties would jump for joy at having their property tax pot decreased. After all, it’s only money.

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