Real estate agents ask judges to suspend the revised administration moratorium on evictions

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EMERGENCY SOCKET

A group of Alabama real estate agents and landlords returned to the Supreme Court on Friday asking judges to block the Biden administration’s latest ban on evictions during the COVID-19 pandemic. The request came less than two months after the judges voted 5-4. refused to cancel the previously imposed moratorium on evictions… At the end of June, Judge Brett Kavanaugh voted to retain the old version of the ban, explaining that while he agreed with the complainants that the Centers for Disease Control and Prevention had exceeded their mandate when they issued the ban, he voted against. cancel it, since the ban was supposed to expire at the end of July.

Under an initial congressional ruling in early 2020, the eviction ban extended to all rental properties receiving federal assistance and was to last 120 days. When that moratorium expired, the Trump administration introduced a broader moratorium that extended to all rental properties in the United States. Congress initially extended this moratorium by 30 days; The CDC then extended it until July 2021.

Estate agents and homeowners have taken to federal court in Washington, D.C., arguing that the CDC has no authority to issue a ban that, they added, costs landlords billions of dollars in unpaid rent every month. In early May, Judge Dabny Friedrich agreed, but deferred the ruling until the government appealed. On June 2, the US Court of Appeals for the District of Columbia ruled that Frederick’s tenure – and therefore the moratorium – was in force.

The claimants have applied to the Supreme Court for an emergency ruling that would allow Frederick’s decision to enter into force and, therefore, lift the moratorium. But after Cavanaugh joined Chief Justice John Roberts and three Liberal justices of the court – Stephen Breuer, Sonia Sotomayor and Elena Kagan – in voting against the relief, the moratorium remained in place for the past month.

Shortly before the moratorium expired in late July, the White House announced that the CDC would not extend the moratorium any further. Instead, the White House called on Congress to act. But on August 3, after Congress failed to do so, the CDC extended the moratorium for another three months. The new version of the moratorium applies to areas with high levels of COVID-19 transmission in communities – approximately 90% of US counties.

The applicants returned to court, and On August 13, Frederick rejected their request. cancel the new version of the moratorium. “It is true,” she wrote, “that the recent Supreme Court decision in this case strongly suggests that the CDC is unlikely to succeed on the merits” of its claims. However, she reasoned, since the new version of the moratorium was “nearly identical” to the version stipulated in her May order, her hands were tied by the DC Federation’s decision that put her previous order aside.

Briefly on Friday, DC circuit left moratorium in placeby rejecting the applicants’ request to block the ban on evictions while the trial was ongoing, paving the way for the applicants to return to the Supreme Court on the same day.

In their 40-page documentation, the claimants echoed the same argument they made in June, noting that he has the obvious backing of five members of the court: “Congress never gave the CDC the overwhelming power it now claims.” Instead, opponents noted, the CDC cited “a rarely used 1944 law that had previously been limited to issues such as the sale of baby turtles,” as the governing body to prohibit evictions.

Indeed, opponents stressed, the Biden administration extended the moratorium, despite acknowledging that there was no legal basis for the ban. The applicants instead explained the administration’s actions as a desire to “appease” members of Congress and “get as much rent out the door as possible” before the ban is blocked.

Initially, the applicants’ request was directed to Roberts, who handles emergency appeals from the District of Columbia. Roberts acted quickly, instructing the Biden administration to submit its response by Monday afternoon, August 23rd. After receiving a response and a response from opponents, Roberts can act alone or, more likely, in dignitaries. such a case, take it to court.

This article was originally published in Howe on the Court

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