The U.S. Court of Appeals has reversed a lower court’s dismissal of a lawsuit against Minnesota Gov. Tim Walz over his 2020 executive order that mandated residential eviction moratoriums.
One lawyer says this reversal could be a “game changer” for other lawsuits seeking compensation for businesses shut down during the onset of the COVID pandemic.
On Tuesday, the Eighth Circuit Court of Appeals published a ruling that said Heights Apartments LLC, the plaintiff appellant, has “plausibly pleaded constitutional claims under the Contract Clause and Takings Clause,” overturning the U.S. District Court’s previous decision that their claims didn’t merit a lawsuit.
Billions of available federal dollars for rental assistance remain in limbo after the U.S. Supreme Court for a second time rejected President Joe Biden’s plans to perpetuate a federal eviction moratorium without Congressional approval.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the court ruled in a 6-3 decision late Thursday, with the court’s three liberal justices dissenting.
One night while we were sleeping, America lost its Constitution.
That’s not such an unrealistic scenario, and it can happen without gunfire or marches in the streets. In fact, with very little drama, it may be occurring at this moment. By itself, the U.S. Constitution is merely a collection of words. Only citizens who cherish liberty give the document real meaning, and if they remain silent when it’s under threat – as it surely is at this hour – our rights and freedoms become imperiled.
Far-left Congresswomen Rashida Tlaib (D-Mich.) and Ayanna Pressley (D-Mass.), who have both been vocal critics of landlords and supportive of the eviction moratorium that prevents them from collecting rent indefinitely, made tens of thousands of dollars themselves collecting rent last year, according to the Washington Free Beacon.
Tlaib disclosed in a recent financial statement that she made between $15,000 and $50,000 from rent out of a property she owns in Detroit, even after she had recently criticized “landlords and bill collectors” and said that Americans needed to be protected from them “in the midst of a pandemic.” Pressley made roughly $15,000 from 2019 to 2020 off a property she owns in Boston. Pressley has denounced landlords for trying to collect rent during the pandemic, claiming it to be “literally a matter of life and death.”
Both congresswomen, along with others in the so-called “squad” and other congressional Democrats, were supportive of extending the eviction moratorium that has forbidden landlords across the nation from collecting rent, ostensibly to provide financial relief to Americans who cannot pay their rent due to losing their jobs to lockdown orders. The Biden Administration extended the eviction moratorium through October, after the original moratorium implemented last September by the Centers for Disease Control (CDC) was set to expire earlier this year.
Congresswoman and “Squad” member Rashida Tlaib, D-MI, is under fire for pushing to cancel rent during the COVID-19 pandemic while at the same time raking in up to $50,000 in rental income. Fox reported Tlaib’s 2020 financial disclosure.
Tlaib has built her brand as a fighter for the people, advocating for eviction moratoriums, saying landlords “prey on single moms” and insinuating landlords unfairly take money from vulnerable people.
A federal judge in Washington, D.C., ruled Friday against a challenge to President Joe Biden’s latest eviction moratorium.
U.S. District Judge Dabney Friedrich denied a request from the Alabama and Georgia association of Realtors to overturn an eviction moratorium from the U.S. Centers for Disease Control and Prevention. The 60-day order bans landlords from evicting tenants, even if they do not pay rent, citing concerns over the spread of COVID-19.
“About half of all housing providers are mom-and-pop operators, and without rental income, they cannot pay their own bills or maintain their properties,” National Association of Realtors President Charlie Oppler said. “NAR has always advocated the best solution for all parties was rental assistance paid directly to housing providers to cover the rent and utilities of any vulnerable tenants during the pandemic. No housing provider wants to evict a tenant and considers it only as a last resort.”
The Sixth Circuit Court of Appeals unanimously ruled that the national eviction moratorium mandated by the U.S. Centers for Disease Control and Prevention (CDC) is unconstitutional. The court said in its ruling that the matter ultimately needed to be resolved by Congress.
The three-judge panel ruled that the CDC engaged in federal overreach by mandating that tenants who are unable to pay their rent and are in breach of their rental agreements may not be evicted. The CDC had implemented a moratorium in response to millions of people losing their jobs due to governors shutting down their state economies to slow the spread of COVID-19.