Eviction Moratorium is no more!

16 Replies

Texas was already telling its state Judges to pay no mind to the moratorium. It is a different story elsewhere.

@Jordan Moorhead it’s about time! Why should landlords be forced to house people for free, for months on end? Most of us have saved and sacrificed for years to buy property so that we couid retire one day and live on that income. It was awful to force us to support people and do without our incomes.

The moratorium is very much in place here in Northern VA. I have a tenant who hasn't paid in 3 months now and we can't do anything till June 30th.

This is significant, because previous rulings against the CDC moratorium were narrowly focused on the case or locality. This federal judge ruled that the CDC exceeded its authority nationally, effectively negating the order. Before everyone get's too excited, keep in mind two things:

1. The Department of Justice is likely to appeal the ruling and ask for it to stay in place through the appeal. White House says they are evaluating their options.

2. This has nothing to do with state eviction moratoriums, so they are still in effect.

I just saw that!  And immediately came to Bigger Pockets, haha.  My hope springs eternal that this will stop the lawlessness of local governments giving unqualified tenants a silver platter to keep blatantly stealing services.  Unfortunately, I'm not sure if it will make a difference in my jurisdiction.  Orleans parish has been "accepting eviction filings", ie money-grabbing the fee, but "are not scheduling eviction cases based on non-payment of rent at this time".  And don't know when they will.  Doesn't matter if a tenant qualified or didn't under that CDC form.  Just a blanket not scheduling eviction hearings yet for non-payment of rent.

However, I strongly suspect that is tied to the CDC.  The city government here is lazy and dysfunctional in everything they do.  I think they didn't want to bother wading through the CDC forms to figure out who qualified and who didn't.  So hopefully this will prompt them to finally start scheduling the months-long backlog of eviction hearings.

I have one tenant who hasn't paid since Jan. this year.  At least she is the only one, I guess.  She got an agency to pay for Jan. and Feb.'s rent when she got the first eviction notice (no court scheduled, though).  But we had to file again when March came around and now she owes March-May.  We contacted the same agency.  They said they would probably pay her overdue rent, but she needs to initiate that.  We left a message and texted that info to her.  But since that would involve her making the "onerous" task of a 15-20 minute phone call, I guess she didn't do it because it's easier to shaft me for thousands of dollars.  She has avoided our calls and texts, since day one.  Plus it's three grown adults living in that unit, no kids.  They bring in more W-2 income then my household does.  They have no morals and I cannot wait for the day to get these horrible human beings out of my property.   

That’s awesome. I have a wonderful property manager that has found a way around it but that gives me confidence to start branching out to other markets.

LOL! Yeh, it will disappear just like nonsensical, unconstitutional gun laws.

Look, this is a ruling on the CDC over-stepping their authority. It will be appealed. It will take time for that process and the CDC will likely lose again because the court is correct. However, it has no affect on what your state, county, or city decides to do and I am certain that Washington, California, New York, Virginia, Oregon, and many other states will step right in and fill the gap to coddle tenants even when they have no justifiable reason for stopping rent payments.

My only hope is that this prevents something similar in the future.

This one will end up in Supreme Court IMO. As an attorney, when an issue is on appeal, you always look at how different courts ruled. We've had multiple federal court rulings on this topic, and I suspect SCOTUS will want to address it. My guess would be they strike down most moratoriums. 

I'm in California, and they're doing the full reopening, but some want to extend the moratorium. Courts are going to be more skeptical, the more things reopen, folks get vaccine, and so on.  

It will got to appeal, or is already being appealed.  Hold your horses and don’t take this as gospel just yet.  Hey Nathan G. what are some nonsensical, unconstitutional gun laws?  Hit me via PM.

A federal judge in the 5th circuit ruled like 6 months ago already the same way.....guess what, nothing happened.  A 9th circuit federal judge ruled the opposite. 

The ruling this week was in the DC circuit court. That effects exactly 68.34 square miles of real estate in the country. Those in the 5th circuit jurisdiction where a similar ruling already took place may have more luck. But until this gets appealed to the Supreme Court, if it does at all, then it is a moot point for most of the country. 

Originally posted by @Joe Splitrock:

This is significant, because previous rulings against the CDC moratorium were narrowly focused on the case or locality. This federal judge ruled that the CDC exceeded its authority nationally, effectively negating the order. Before everyone get's too excited, keep in mind two things:

1. The Department of Justice is likely to appeal the ruling and ask for it to stay in place through the appeal. White House says they are evaluating their options.

2. This has nothing to do with state eviction moratoriums, so they are still in effect.

 This is an interesting article on the ruling. 

https://reason.com/volokh/2021...

The jurisdiction of the DC Circuit extends to federal administration agency rulings throughout the country, so it is not just limited to DC. The judge vacated the CDC order and stated that the vacator goes beyond the parties in the suit, implying federal reach.

Ultimately this was appealed by the DOJ and the judge issued a stay pending appeal. 

Most likely this will be appealed all the way to the supreme court, provided the moratorium doesn't end before it makes it that far. Supreme court is the ideal venue for this case, because it will set legal precedent. Any future president could use the CDC to bypass congress as a way to mandate anything in the interest of public health emergency. People forget that Trump is the one who came up with the idea to bypass congress using the CDC. This issue should transcend partisan politics. It is a situation of presidential and executive branch overreach. Whether you agree with the moratorium, you should disagree with the overreach.

The other puzzling question is where is the $100 billion that congress allocated to rent payments? They managed 100 million vaccines in a 100 days, yet they can't manage to distribute $100 billion in rent assistance. If they administered the funds, there would be no need for the moratorium.

This was shared by the National Assoc of Professional Property Manager's lobbyist...


Judge Puts Administrative Hold Eviction Moratorium Ruling

The federal judge who threw out the U.S. Centers for Disease Control and Prevention's nationwide moratorium on evictions has agreed to put a temporary administrative hold on her ruling as the government seeks to reverse the decision on appeal. Within the next two weeks, the Court should have a hearing on the government's motion for a longer hold as the case is appealed. At least until that hearing, the CDC eviction moratorium remains in effect. 

Tyler Craddock

NARPM® National Legislative Office  600

Washington, DC 20002

10 G Street NE, Suite