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Supreme Court Hears Arguments For/Against the Eviction Ban

State Realtor associations told judges the ban exceeds the CDC’s authority. The CDC said the delta variant makes this moratorium even more important than the last one.

WASHINGTON – The U.S. Supreme Court heard arguments, both pro and con, on whether the latest eviction moratorium announced by the Centers for Disease Control and Protection (CDC) should continue until it’s set to expire on Oct. 3, 2021.

Landlords along with the Alabama and Georgia Realtor associations took their case to the Supreme Court after it was heard by a judge and an appeals court. The last time the Supreme Court heard their previous case, it rejected the moratorium, though it allowed the existing one to continue until its scheduled end on July 31. However, Justice Brett Kavanaugh said at the time that new eviction moratoriums would require congressional approval, which the latest ban does not have.

The landlords and associations hope the court will adhere to its earlier opinion. They contend that the CDC’s moratorium exceeds the authority Congress has given it.

For its part, the government focused on the new COVID-19 delta variant, saying its rise has boosted the need to protect tenants. The latest iteration of the ban doesn’t offer blanket protection to renters nationwide, but instead focuses only on areas identified by the CDC as hotspots for the pandemic. Still, that analysis includes up to 90% of the nation’s renters and all counties in Florida.

“The CDC has warned that the public health consequences of an increase of evictions at this time would be very difficult to reverse,” said U.S. Solicitor General Brian Fletcher.

It’s unclear what the Supreme Court will decide. However, even President Biden questioned the legal standing for a new eviction moratorium after it was announced. “The bulk of the constitutional scholarship says it’s not likely to pass constitutional muster,” Biden said at the time. “But there are several key scholars who say that it may and it’s worth the effort.”

Source: Bloomberg (08/23/21) Stohr, Greg

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