Breaking News: The Eviction Ban was Overturned… and Low Income Renters are in Danger
A federal judge overturned the CDC’s eviction ban order. Let’s talk about what that means for low income renters – and how renters will suffer no matter what the Court decides.
At first, the eviction ban seemed like a great idea. I mean, what could be better than helping low income families stay in their homes, right? Unfortunately, it’s not that simple.
Although the eviction ban did help many low income individuals and families stay in their homes despite lost income and even lost jobs, it had many major flaws. We heard from countless low income individuals and families who were wrongfully evicted despite the federal ban on evictions. Even when it was in place, it wasn’t adequate to truly protect low income families.
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—CHAPTERS—
00:00 Intro
00:21 Did the Eviction Ban work?
00:56 The Eviction Ban was Overturned
01:56 The Eviction Ban Decision
03:11 Impact on Renters
04:27 What Happens if the Eviction Ban is Overturned
04:59 What Happens if the Eviction Ban is Upheld
06:29 Facts You Need to Know
08:06 Low Income Housing May Disappear
08:44 The Lose-Lose Situation
09:42 Emergency Rental Assistance Program
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Low Income Relief is a free information service that connects low income people across America with benefits, programs and resources in their local communities. Basically, we help millions of people save money and get free stuff every year!
—TRANSCRIPT—
Two hours ago, a federal judge overturned the CDC’s eviction ban order. Let’s talk about what that means for low income renters – and how renters will suffer no matter what the Court decides.
I’m Nicole from Low Income Relief, where we help millions of people save money and get free stuff.
At first, the eviction ban seemed like a great idea. I mean, what could be better than helping low income families stay in their homes, right? Unfortunately, it’s not that simple.
Although the eviction ban did help many low income individuals and families stay in their homes despite lost income and even lost jobs, it had many major flaws. We heard from countless low income individuals and families who were wrongfully evicted despite the federal ban on evictions. Even when it was in place, it wasn’t adequate to truly protect low income families.
Today, a federal judge struck down the national eviction moratorium. The CDC’s eviction ban was originally going to expire at the end of January, but then it was extended until the end of April, and then the end of June.
The ban was intended to protect low income families who had lost income or jobs due to the coronavirus pandemic. According to CNBC, nearly 1 in 5 renters – that’s 20% – are behind on their payments. It was hoped that if these people could stay in their homes, it would help slow the spread of the coronavirus.
However, the way the legal system evaluates things did not allow the court to consider whether or not the ban was useful. The court’s only responsibility was to determine whether or not the CDC had the authority to create the eviction ban in the first place and, ultimately, it decided that the CDC did not have that authority.
I read the entire 20 page decision by U.S. District Court Judge Dabney Friedrich this morning and there were many interesting tidbits in there. Here are some things you may find interesting:
The CDC order carried criminal penalties for individual landlords who illegally evict tenants. Penalties included fines of up to $250,000, up to a year in jail or both. Organizations were subject to fines of up to $500,000.
In the last several months, at least six courts have considered various statutory and constitutional challenges to the CDC order.
The Judge wrote, “Because Congress withdrew its support for the CDC Order on January 31, 2021, the order now stands – and falls – on the text of the Public Health Service Act alone.”
Because of that, the Judge elaborated, ““The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not. Because the plain language of the Public Health Services Act unambiguously forecloses the nationwide eviction moratorium, the Court must set aside the CDC order.”
So what does this mean for low income families who are relying on the eviction ban to stay in their homes?
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