Judge orders U.S. to respond to CDC eviction ban challenge by Friday

[Yo_Mama_Been_Loggin]

Source: Reuters

WASHINGTON (Reuters) -A U.S judge early Thursday ordered the Biden administration to quickly respond to a legal challenge to a new eviction moratorium put in place by the Centers for Disease Control and Prevention (CDC).

U.S. District Judge Dabney Friedrich ordered the Justice Department to respond by 9 a.m. (EDT) Friday. The Alabama Association of Realtors and others said in an emergency filing late Wednesday that the CDC had issued the new order "for nakedly political reasons - to ease the political pressure, shift the blame to the courts for ending the moratorium, and use litigation delays to achieve a policy objective."

A White House official defended the revised order as a "new, targeted eviction moratorium — focused on counties with High or Substantial (coronavirus) case rates."

More than 15 million people in 6.5 million U.S. households are currently behind on rental payments, according to a study by the Aspen Institute and the COVID-19 Eviction Defense Project, collectively owing more than $20 billion to landlords.



Read more: https://www.yahoo.com/news/judge-orders-u-respond-cdc-121220924.html

[bluestarone]

1. Sure seems like these assholes get speedy hearings

trump judge i'm sure?

[Igel]

3. Appointed by Trump.

Confirmed by a vote 97-3, however.

[bucolic_frolic]

2. property rights vs. human rights

[martingale73]

4. Greedy landlords.

I don’t care if you have mortgages for your rental properties..suck it up or people will be homeless and exposed to Covid.
Property rights need to be curtailed. You don’t own a home. You have the privilege renting it till the next generation comes along. If you cannot manage it responsibly, the government should seize it for the general welfare of the underprivileged.

[ripcord]

6. The government failed when they implemented the moratorium

When they banned evictions they had an obligation to ban banks from collecting mortgages along with state and local governments from collecting property taxes from landlords who were affected.

[martingale73]

7. Good Point.

How many of those banks lived of TARP during the last recession?
The better idea is to use eminent domain to seize the lodgings ,give amounts left on the mortgage to pay it off to the landlords, and make those apartments part of public housing.
Problem solved.

Biden and the CDC did a great thing. We should not let opinions on the constitutionality of a law stand in the way of protecting innocents from the Pandemic. If anything, Biden has been restrained in using the powers of his office.

[NullTuples]

9. Dems lost a massive chance after the 2007-8 crash

If you are ever bored, look up MERS in relation to mortgages. Roughly 75% of the mortgages from that era were registered not as the lender, but as if MERS was the new owner of the deed. That's where the "shoddy paperwork" so vaguely described happened.

MERS was not a lender. MERS was a sort of holding bucket or placeholder that in the minds of the banks represented "whoever owns the mortgage". Except it barely existed at all. It was at best a database. It was a slight of hand, because as soon as the ink was dry, the cash flow and deed were separated so that one company might own and/or sell the cash flow, while another would own the deed & obligation. That second company typically then sold the obligation to bundlers who added it to hundreds of others and then sold the bundle as an investment, which then had hundreds or thousands of investors as owners.

It wasn't legal. Most counties require the actual loan holder to be on the registration, not a placeholder that represents "whoever currently owns the deed and obligation" for 75% of the loans in the county.

So for something like 75% of the home loans of that era in many areas, there is nobody that can legitimately produce the deed with a clear chain all the way back to the original sale. A few people successfully argued it in court, and won but by far most of the foreclosures were complete frauds. And, people who are still paying off those loans today arguably won't get a valid deed when they pay it off because it can't be traced back to the original holder of that deed when it was sold. Houses that were flipped are even worse.

But here's the worst part. Democrats knew. The counties knew. And they did nothing.

[cinematicdiversions]

11. So we throw them out at Christmas instead of now?

If they are not going to pay the rent they should find a place to live where they can and allow people who are willing to pay to buy or lease the property.

A lot of democrats also think this moratorium has served its purpose and at this point is causing more harm than good.

[stillcool]

5. 15 million people owe 20 billion

for the rent of 6 million houses. That sounds interesting.

[madville]

8. I can understand both sides in some cases

A coworker has two rental properties (luckily paid for). Here the tenant has to apply for the rental assistance and show why their inability to not pay is related to the pandemic.

One of his tenants stopped paying rent last year and refused to communicate about it, wouldn’t respond to letters, phone calls, texts, emails, etc. He just wanted to work with them to get the assistance. They even called the police out when he had the roof replaced. He found out that the person has also had their same job full time since this all started so more than likely they wouldn’t have been able to show a pandemic related need.

Anyway, he wound up missing about $8000 in rent before the tenant just vanished one day, moved all their stuff out and didn’t come back and at that time he was able to legally evict.

A large portion of rentals are owned by regular folks with just an extra property or two.

[NullTuples]

10. I mostly agree, but for one point

"A large portion of rentals are owned by regular folks with just an extra property or two"

In many metro areas, "regular folks with just an extra property or two" own property worth around $3-5 million dollars.

[madville]

12. That's a very small percentage

Do you have an example of a “regular person” owning a multimillion dollar property that has a tenant in it not paying rent?

Maybe there is a one off example in the SF Bay Area, NYC or Boston or something.

[NullTuples]

15. "an extra property or two"

You are assuming multi-million dollar homes. I'm mostly referring to someone who owns two 1.x million dollar homes, of which there are more than many people realize in most major metro areas.

[madville]

16. I have no idea what point you are arguing

But have a great day and good luck with it

[charliea]

13. Corruption of the Judiciary eh?

Friedrich was appointed by Donald Trump as a federal district judge in D.C. in 2017

[Calista241]

14. He was voted in 97-3, and clearly had bipartisan support.

This moratorium is pretty blatant about violating the Supreme Court’s order. I almost feel like it was done for headlines and not to actually solve a problem.

[madville]

17. Yeah, the courts are going to be really irritated by this

The Supreme Court didn’t address it because the CDC told them they weren’t extending past July 31st. Just kidding!

[brooklynite]

18. I'm siding with the landlords...

First, as much as some people like to jump to stereotypes, not every landlord is a monolithic property owner.

Second, the issue is not the need of the renters; it's who should cover the cost of assisting them. When the Government provided unemployment benefits and financial support, they didn't require their prior employers to cover the cost; we the taxpayers did.

If rental support is needed, the funds should come out of Government funds.

[Yo_Mama_Been_Loggin]

20. There has been money set aside for this.

Unfortunately most hasn't been distributed.

I don't know the reason why, whether the money's been distributed to the states and they're dragging their feet or it's federal bureaucracy holding it up.

[brooklynite]

21. Yes, I've volunteered to review rental assistance applications in NYS...

[Yo_Mama_Been_Loggin]

19. DOJ defends Biden eviction ban in court, warning of Delta threat

The Justice Department on Friday urged a federal court to keep the Biden administration’s new eviction moratorium in place to help protect Americans from becoming homeless during a resurgence of Covid-19.

DOJ was responding to a lawsuit brought by the Alabama and Georgia chapters of the National Association of Realtors, who argue the Centers for Disease Control and Prevention lacked the power to impose the ban.

The real estate groups have pointed to a June Supreme Court decision that indicated a majority of justices did not believe the CDC had the legal authority to implement what was then a fully nationwide eviction moratorium. President Joe Biden let the original ban lapse last Saturday, citing the same concerns. But following intense political pressure the CDC on Tuesday revived a more targeted version focused on counties with high levels of Covid-19.

In justifying the new ban after the Supreme Court warning signs, government lawyers said in a filing Friday that "the trajectory of the pandemic has changed dramatically as a result of the highly contagious Delta variant."

https://www.msn.com/en-us/news/us/doj-defends-biden-eviction-ban-in-court-warning-of-delta-threat/ar-AAN1c2U