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August 04, 2021

Biden Endorses the CDC's Lawless Extension of the Eviction Moratorium, While Admitting It's Unconstitutional and He Will Just Use the Delay of Litigating It to Illegally Give Some Citizens the Right to Use Other People's Property

The eviction moratorium was already found to be unconstitutional. Brett Kavanaugh, who, let's face it, probably sexually assaulted 12 or 15 or 30 women, and Obamacare Tyrant John Roberts decided that they'd permit a law he said was unconstitutional to remain in place, because it was expiring.


But Kavanaugh did also say that he would find any attempt to extend the illegal moratorium to be unconstitutional. I don't know if John Roberts feels married to that stance.

The CDC just illegally extended the moratorium.

Biden admits the Court will find it unconstitutional -- after all, they said so -- but says he'll uphold the illegal order anyway, because it will take the Courts time to declare his actions unconstitutional.

This is saying "the quiet part out loud," Jonathan Turley says, and this will be used as evidence against his unconstitutional action.

In his press conference, President Biden acknowledged that most of the experts consulted by the White House said that an extension would be unconstitutional. However, he noted that he found a few who dismissed or rejected such views: "The bulk of the constitutional scholarship says that it's not likely to pass constitutional muster... But there are several key scholars who think that it may and it’s worth the effort."

Frankly, given the overwhelmingly liberal makeup of law faculties, it is astonishing that most still told the President that an extension would be unconstitutional. Moreover, it is not difficult to find experts who are cavalier about the Constitution and willing to sign off on any effort to achieve desire political or social results.

What is interesting is that Biden did not appear to accept their view but still thought violating the Constitution would be beneficial in this circumstance:

"There are a few scholars who say it will and others who say it's not likely to, but at a minimum by the time it gets litigated it will probably give some additional time while we're getting that $45 billion dollars out to people who are in fact behind on the rent and don’t have the money."

The President said the quiet part out loud and admitted that they would use litigation as a delaying tactic to spend money without constitutional authority. That line will now likely be repeated at the top of any motion challenging the extension and seeking a temporary injunction.

Turley notes, too, that just six months ago, Biden swore an oath to uphold and defend the Constitution which he now admits to trampling.

Update: AlextheChick says the Supreme Court did not "rule" on the case with a binding opinion. They merely denied a petition for a stay. And Kavanaugh added his own thoughts on the matter, which is pure dicta -- non-operative language with no legal weight.

She seems to be right. But the decision, I guess, is a preview of what the Supreme Court would rule, when (if?) it does rule.

Even the New York Times is compelled to admit that the moratorium -- which constitutes an illegal appropriation of the property of one person disfavored by the government to one favored by the government -- is bankrupting small and middle-sized landlords.

And tenants who know they cannot be evicted for any reason whatsoever are terrorizing their landlords.

For more than a year, Vanie Mangal, a physician assistant at a Connecticut hospital, called relatives to tell them that their loved ones were dying of Covid-19, watched as patients gasped their final breaths and feared that she herself would get sick.

Ms. Mangal found no respite from stress when she went home. She is a landlord who rents the basement and first-floor apartments at her home in Queens, and for the past year, conflicts with her tenants have poisoned the atmosphere in her house.
The first-floor tenants have not paid rent in 15 months, bang on the ceiling below her bed at all hours for no apparent reason and yell, curse and spit at her, Ms. Mangal said. A tenant in the basement apartment also stopped paying rent, keyed Ms. Mangal's car and dumped packages meant for her by the garbage. After Ms. Mangal got an order of protection and then a warrant for the tenant's arrest, the woman and her daughter moved out.

All told, Ms. Mangal -- who has captured many of her tenants' actions on surveillance video -- has not only lost sleep from the tensions inside her two-story home but also $36,600 in rental income. "It's been really horrendous," she said. "What am I supposed to do -- live like this?"


At the same time, those broad protections have created tremendous financial -- and emotional -- strain for smaller landlords like Ms. Mangal, who often lack the deep pockets to survive without payments. And in New York City, there are a lot of those small landlords: An estimated 28 percent of the city’s roughly 2.3 million rental units are owned by landlords who have fewer than five properties, according to JustFix.nyc, a technology company that tracks property ownership.

Landlords can seek pandemic financial assistance, and the federal government has allocated $46.5 billion for emergency rental relief. But the aid has been slow to flow to property owners, and it comes with certain strings attached: It requires the landlord to allow a tenant to remain and not raise the rent for a year after the aid is received. Ms. Mangal has not applied for those reasons.

Further complicating matters for landlords, their ability to evict unruly tenants has been essentially eliminated by the moratorium.

Those favored by the Democrat Party will be spared the requirement of paying rent.

Landlords -- disfavored by the Democrat Party -- will be made bankrupt.

The one-month extension of the Centers for Disease Control and Prevention's eviction moratorium was welcome news for tenants but another nail in the coffin for some struggling landlords.

Groups representing landlords had been lobbying hard to end the moratorium and now warn even another month will put some of those landlords out of business.


The majority of the nation’s landlords are individual investors. They own about 23 million units in 17 million properties, according to the U.S. Census. More than 6 million renter households are behind on rent, also according to the Census. Landlords have next to no recourse.

Howard Simon owns a small building in Massachusetts with three rental units. He hasn't received the rent on one of them since last October and is out about $7,000 so far.

"I have mortgages, I have expenses for repairs to that particular building, I'm losing one-third of the rent just because of this," said Simon. "And you know the other tenants who are occupying the other two units, they’re trying their hardest and doing their best."

Simon has contacted the delinquent tenants but said they will not respond, nor will they apply for the aid available to them. While about $34 billion in federal assistance has been distributed to states for back rent and utilities, getting that cash to landlords has been an onerous process because the tenant must be involved.

"In my particular instance the tenant is not cooperating with even completing the application. I'm just a small landlord, and I'm not a big corporation like many of the other large rental organizations, so although the funding is very helpful, if the tenant doesn't cooperate everything falls apart," said Simon.

This is a terrorist-like "dry run" probing our defenses for the coming imposition on Ruling Class-declared communism on America. I mean, it's communism as it is. But this is a foot-in-the-door for the rest of it.

Republicans are doing what they usually do: Absolutely nothing.

Just as Obama suddenly realized he had the power to grant DACA on his own authority after years of saying that would be unconstitutional, so too has Biden suddenly realized he is a Dictator and can take the property of some people for the use of other people on his own authority.

Good point: The Ruling Class is driving small landlords out of business. The small landlords will either have their property seized by the bank, or will be forced to sell.

Gee I wonder who'll be there to buy up distressed properties...?

I have a feeling a lot of Republicans are going to be rewarded with plum positions at Blackrock in the coming few years.

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posted by Ace at 02:37 PM

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