Supreme Court Rules in Favor of Landlords, Wave of Evictions Coming Up

Eviction Moratorium is Over

With a mere $5 billion of an allocated $47 billion in eviction prevention funds dispersed, Supreme Court Blocks New Eviction Moratorium.

The Centers for Disease Control and Prevention has repeatedly renewed the eviction moratorium for millions of tenants affected by the pandemic, in large part to allow them to remain in their homes as state and local governments struggle to disburse some $47 billion of rental assistance provided by Congress. The current order was set to expire Oct. 3; as of July 31, just $4.7 billion of the rental assistance had reached landlords and tenants.

The moratorium has put…millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery,” the court said. “Many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property ownership—the right to exclude.

The eviction moratorium “targets only those people who have nowhere else to live, in areas with dangerous levels of community transmission. These people may end up with relatives, in shelters, or seeking beds in other congregant facilities where the doubly contagious Delta variant threatens to spread quickly,” wrote Justice Stephen Breyer, joined by Justices Sonia Sotomayor and Elena Kagan. “The public interest is not favored by the spread of disease or a court’s second-guessing of the CDC’s judgment,” he wrote.

Public Interest 

The public interest is not served by allowing freeloaders to squat in property for what is now going on 18 months.

States were warned in June by the Supreme Court and did nothing about it.

Heck, half of this money to assist renters was available in March of 2020 then Congress added to it. 

The moratorium without pay to landlords went on 17 months too long already. 

Rep. Cori Bush (D., Mo.), staged a one-person sleep-in on the Capitol to pressure the Biden administration to renew the moratorium despite its legal vulnerability.

Biden listened. He listens to all the Progressives and Marxists who believe it is perfectly OK to take someone’s property without compensation. 

If states want to stop evictions, they ought to do what they should have done 17 months ago: Distribute funds specifically allocated to stop evictions.

Who’s to Blame

If tens of thousands, hundreds of thousands or even millions are evicted and become homeless, do not blame the landlords or the Supreme Court. 

Blame the states for not distributing the allocated funds and Congress for the rules regarding funds disbursement. 

This is really sickening from multiple angles.

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Cocoa
Cocoa
4 years ago
The system should have been:
-Property owner files for rent assistance
-Tenant co-signs and agrees
-If above works, money is dispersed to both. 1/2 of the stim checks should go to both parties. So, neither party is making too much and both get some assistance
-If tenant doesn’t cosign and owner says this person has been claimed as a tenant, tenant has to prove they do not live there OR gets no money and owner gets all money.
Eddie_T
Eddie_T
4 years ago
Jmurr
Jmurr
4 years ago
This is what Trump and now Biden should be impeached for. They both took an oath to defend the constitution and both clearly broke that oath. 
Doug78
Doug78
4 years ago
Since I am neither a renter or a landlord the ruling is a bit far from my daily worries but we have to admit that at some point we have to get rid of the extrodinary measures that had to be taken during the pandemic and I would say that time is now.
Eddie_T
Eddie_T
4 years ago
Reply to  Doug78
Costly thy habit as thy purse can buy,  But not express’d in fancy; rich, not gaudy;
For the apparel oft proclaims the man,
And they in France of the best rank and station
Are of a most select and generous chief in that.

Doug78
Doug78
4 years ago
Reply to  Eddie_T
My friend Polonius cautioned me before leaving for France to ” Neither a renter nor a landlord be”. He contunued ” For landlording oft loses Itself and friend and renting dulls the edge of husbantry”. 
thimk
thimk
4 years ago
Landlords getting shafted on this deal biggly.  Although there probably exists a large cohort of renters  that did pay their rent (88%) . Per Rentcafe, USA is comprised of 100 million renters.  Perhaps a better way to indemnify landlords for their losses is through  IRS tax filing changes  (i.e tax  credit, rebate,) But looking forward it seems that this avenue of Government overreach is closed  .      
Eddie_T
Eddie_T
4 years ago
Reply to  thimk
Mom& Pop landlords pay too much in tax for the IRS to cut them slack.  The tax donkeys must bear the burden so the low wage earners and the super wealthy can pay next to nothing. This is the American Way.
Bungalow Bill
Bungalow Bill
4 years ago
Reply to  thimk
It will be interesting to see how guys like Jared Kushner grow their rental portfolios when all this is said and done. 

https://www.naahq.org/news-publications/trump-signs-executive-order-housing-no-eviction-moratorium 

Bungalow Bill
Bungalow Bill
4 years ago
Imagine that! The federal government has no authority to stand between landlords and their tennants. I guess someone didn’t tell Trump that. One would think that “the smartest and most brilliant man ever” in real estate would understand such a simple thing. Yet here is his John Henry on Executive Order 13945…

https://www.federalregister.gov/documents/2020/08/14/2020-18015/fighting-the-spread-of-covid-19-by-providing-assistance-to-renters-and-homeowners 

Mr. Purple
Mr. Purple
4 years ago
Reply to  Bungalow Bill
Actually the Supreme Court said that an act of Congress is necessary for the moratorium to continue.  It’s implied that the federal government has this power, though it could result in another wave of court cballenges.
Doug78
Doug78
4 years ago
Reply to  Bungalow Bill
I think your replied to me by mistake.  My link wasn’t about real estate at all.
PostCambrian
PostCambrian
4 years ago
Many people would consider me a liberal but the dissenting opinion of the Supreme Court in this case was irresponsible. An emergency eviction notice would be constitutional only in order to allow the legislative and executive branches enough time to develop a method to compensate landlords. 
Whether it is a right leaning or left leaning decision, the judicial branch cannot fix our broken, nonfunctional, government. It makes matters worse. The same thing has happened when the Fed tries to fix what the executive and legislative branches should have done on the economy.
Bungalow Bill
Bungalow Bill
4 years ago
Reply to  PostCambrian
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” James Madison during Congressional debate over another massive welfare spending bill.
shamrock
shamrock
4 years ago
You’ll note that this was a party line decision.  The supreme court has become just as political as the other 2 branches.
Eddie_T
Eddie_T
4 years ago
Reply to  shamrock
Q: How many Catholic Supreme Court Justices does it take to unscrew Roe v. Wade.
A: At least seven, because that’s how many we have now, and six wasn’t enough, apparently.
Most of what is wrong with the Supreme Court, imho, has to do with the UNINTENDED  consequences of Republicans successfully filling the Court with choices whose unstateded qualification was that they might lean toward reversing Roe.
That’s how we got the late Justice Scalia, who (imho) is probably the worst jurist to ever sit not the federal bench. He’s gone now, but we have his Mini-Me, Amy Coney Brown, who learned at his knee.
Scalia’s interpretation of the Constitution is what gave cover for a scumbag like Trump to try to make himself King.
That’s how we got Clarence Thomas, who was a stealth selection, Black, but far more Catholic and conservative in terms of his POV than most whites.
That’s how we got Kavanaugh, who seems to be a better choice (so far) to me, in spite of attempts to smear him by the #metoos.
That’s how we got Gorsuch. Also a decent choice, in spite of Jesuit school. Not all the Catholics are bad justices.
The saving grace of the federal bench is the lifetime appointment, and even Catholic Justices can make decisions based on considerations other than partisan politics and religion …and that has often served the public good in the past. 
I’m not anti-Catholic. It’s just so frustrating to see the court get stacked by Republican Presidents playing to their Catholic and Evangelical base.
It has resulted in some very bad decisions, like Citizen’s United and the decisions that led to the current practice of asset seizure by police without proof of wrongdoing.
TexasTim65
TexasTim65
4 years ago
Reply to  Eddie_T
Row vs Wade will be undone about the same time as the 2nd amendment is undone.
Wanna rile up a Republican? Talk about over turning the 2nd amendment
Wanna rile up a Democrat? Talk about over turning Row vs Wade.
Both sides love to trot out those tropes about the other side as a reason why the other side can never be in charge. In reality neither is ever being completely over turned (both are of course being constantly tweaked).
Bungalow Bill
Bungalow Bill
4 years ago
Reply to  TexasTim65
And yet the red team isn’t the greatest protector of the Second Amendment like they think they are… 

https://www.youtube.com/watch?v=yxgybgEKHHI&t=5s 

Bungalow Bill
Bungalow Bill
4 years ago
Reply to  TexasTim65
Eddie_T
Eddie_T
4 years ago
Reply to  TexasTim65
Then I must be a mugwump, because I like Choice and I like the Right to Bear Arms.
I like Choice because the right to easy abortions is what kept the country from turning into CRIME CENTRAL…..as demonstrated fairly persuasively in the book Freakonomcis by Dubner & Levitt…… And I don’t have a uterus, but if I did, I’d like to make my own call on whether to bring a baby into this world. It just makes sense, given the modern tech available to safely terminate a pregnancy.
I like the 2nd Amendment because I’m a dinosaur from the backwoods who thinks responsible gun owners far outnumber crazy people who want to shoot up churches, schools and night clubs…and that taking away EVERYBODY’S guns is just throwing out the baby with the bath water.
I think we should figure out how to keep guns away from delusional crazies instead.
TexasTim65
TexasTim65
4 years ago
Reply to  Eddie_T
I’m a Mugwump too and I believe in those same 2 choices for the same reason (I loved the Freakanomics books).
In truth, I think abortion was only part of the reason crime went down. I think the other is that the switch from leaded to unleaded gas had been in place about a decade or so by then as well. Once we stopped lead poisoning everyone the US IQ went up a few points (it was measurable) and people became less irritable / crazy and thus violent crime went down.
Eddie_T
Eddie_T
4 years ago
“This is really sickening from multiple angles.”
But it isn’t in conflict with the zeitgeist of the younger generations in this country, who have been educated in schools that more or less promote soft Marxism as a political solution to poverty, racism, and maybe toenail fungus.
I just look for more of this kind of “help” for “communities that have been denied equity”. It’s a sign of the times.
But good for the Supremes. For once they came down on the right side of things.
TexasTim65
TexasTim65
4 years ago
Reply to  Eddie_T
They’ve gotten a lot of decisions right lately. Many by the count of 9-0 as Mish has mentioned in the last few months.
The sooner the moratorium ends the faster we get proper price discovery of where things really are in the housing markets (both rental and ownership) and as a side effect the rest of the economy too since money that should have been spent on rent (the extra 600 UI) will now have to be spent on rent.

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