Eviction Crisis is Here

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malchior
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Re: Eviction Crisis is Here

Post by malchior »

They suddenly realized they need to cook up a new authority? Let's see if they can clean their sick up.


WaPo wrote:The Biden administration is expected to announce a new action to limit housing evictions, moving swiftly after intense pressure from liberal House Democrats, according to three people aware of the matter.

The exact details of the measure were not clear, the people said. The people spoke on the condition of anonymity to reflect a matter not yet made public.

The congressional pressure campaign intensified in recent days after a national eviction moratorium created by the Centers for Disease Control and Prevention expired at the end of July. The Biden administration has repeatedly insisted that it lacked the legal authority to renew that program. However, the delta variant has renewed concerns about the impact of the expiring moratorium on millions of renters and White House officials have explored other options.

The CDC did not immediately respond to a request for comment. A White House spokeswoman also declined to comment.

The rift between the White House and House Democrats over the expiration of the eviction moratorium escalated on Tuesday as House Speaker Nancy Pelosi (D-Calif.) ruled out bringing lawmakers back from their recess to address the issue through new legislation.

On a private call with Treasury Secretary Janet Yellen and House Democrats, Pelosi said the consensus of the caucus was that the House should not come back from its recess and that lawmakers should focus on urging the Biden administration to extend the moratorium unilaterally, two people familiar with the conversation said. The people spoke on the condition of anonymity to describe a discussion that was meant to remain private.
malchior
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Re: Eviction Crisis is Here

Post by malchior »

I'm sure SCOTUS is going to be extremely persuaded with the 'It's a NEW moratorium guys - start over argument'. This is the governing equivalent of throwing anything at the wall. They know they screwed the pooch on this one.

NY Times
President Biden is expected to announce a new federal eviction moratorium to replace the one that expired on Saturday — targeting counties with elevated rates of coronavirus infections, according to congressional aides and other officials familiar with the discussions.

White House aides and officials with the Centers for Disease Control and Prevention were working out details of a potential deal on Tuesday that could include a new freeze that would remain in place for up to 60 days, but officials involved in the process warned that the situation was in flux and no final decisions had been made.

The new ban would cover about 90 percent of renters in the country, according to a Democratic leadership aide briefed on the proposal.

Creating a new moratorium to deal with the recent spike in coronavirus rates is an attempt to deal with concerns that extending the previous moratorium without congressional approval would run afoul of the Supreme Court, the officials said.

...

On Monday, Jen Psaki, the White House press secretary, said Mr. Biden had asked the C.D.C. on Sunday to consider extending the moratorium for 30 days, even just to high-risk states, but said the C.D.C. has “been unable to find legal authority for a new, targeted eviction moratorium. Our team is redoubling efforts to identify all available legal authorities to provide necessary protections.”

The administration appears to be coalescing around a solution to that legal issue by imposing a new moratorium, rather than extending the existing one.

At the White House briefing on Tuesday, Ms. Psaki said the administration was exploring all potential solutions, including a “partial limited short term extension” but that no decisions had been made.
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Smoove_B
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Re: Eviction Crisis is Here

Post by Smoove_B »

I'm guessing the lawsuits will start tomorrow


YES! @POTUS to extend CDC eviction moratorium, for renters in communities w/surging COVID (covering 90% of renters throughout the country), through October 3!
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malchior
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Re: Eviction Crisis is Here

Post by malchior »

Yeah I imagine the Alabama Association of Realtors will file for an emergency injunction.
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Re: Eviction Crisis is Here

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How is it that the CDC has jurisdiction over rent?
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Re: Eviction Crisis is Here

Post by Smoove_B »

dbt1949 wrote: Tue Aug 03, 2021 10:13 pm How is it that the CDC has jurisdiction over rent?
It's...complicated. And honestly, as someone that's been in the field for over two decades it came as a surprise to me. Basically, it comes down to Section 361 of the Public Health Service Act which indicates that to stop the spread of disease, the CDC has powers of:
“inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated … and other measures...
The idea is that knowing the evictions are going to increase disease spread, the CDC is (arguably) using their granted powers ("and other measures") to keep it from happening.

In all my experience this is some legal thin ice -- we have similar laws in my state covering a "public health nuisance" and the language is very general and wide open. Depending on the situation, someone could argue (with a competent lawyer) that the law isn't specific enough and we're being arbitrary and capricious.

I'm honestly stunned this worked.
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malchior
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Re: Eviction Crisis is Here

Post by malchior »

That's the thing - once it was challenged in court SCOTUS essentially said (to paraphrase) this program wasn't legal..but it's ending in a few weeks so we won't stomp it to give Congress time to fix the legal problems. However, Congress didn't act (and probably wouldn't be able to anyway).

So anyone looking down the board pretty much expects this will end up right back in front of them and they'll declare it illegal despite this 'all new' branding. I suspect that is why the WH/CDC kept the time frame so short. They are doing something they know they shouldn't do. The optics werre bad enough to risk it with the WH and Congress finger pointing at each other. It is essentially a stop gap measure to give time to treasury to get the states handing out the money allocated. Let's hope it works but I think this is really bad governance.
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Re: Eviction Crisis is Here

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This is part of how the broken Senate structure is continuing to erode good governance in the country. It makes it difficult for the majority to actually govern by making them beholden to a political minority. Which tends to force responsible actors to choose between: (1) doing nothing; (2) relying on dodgy theories supporting executive action (which also tends to concentrate more power in the executive branch; or (3) making compromises with crazy people and irresponsible actors.
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Re: Eviction Crisis is Here

Post by Drazzil »

I still think it's time to revisit Madison v Marbury. The SC granted itself the power to dictate what laws are "constitutional" and which laws aren't. The president would be perfectly within his rights to defy the SC, and indeed, *absolutely* should in cases where it comes down to the public good.
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malchior
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Re: Eviction Crisis is Here

Post by malchior »

Drazzil wrote: Wed Aug 04, 2021 1:49 pm I still think it's time to revisit Madison v Marbury. The SC granted itself the power to dictate what laws are "constitutional" and which laws aren't. The president would be perfectly within his rights to defy the SC, and indeed, *absolutely* should in cases where it comes down to the public good.
I don't think this is such a great idea. Might as well roll out the red carpet for fascism at that point. The problem is not in the "powers" of SCOTUS. It is that the system became so distorted that SCOTUS became distorted as well. That is concerning since it is one of the last lines of defense against authoritarianism. I'd argue that if Madison v Marbury was revisited it'd be a sign that our democracy was dead.
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Grifman
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Re: Eviction Crisis is Here

Post by Grifman »

Well, they really need to get the states to do their job. If I were Biden I'd appoint someone, maybe HUD Director to set this as a top priority, provide that states with whatever help they need to get the benefits out there. Or else we will be in the same boat in 60 days. This is very frustrating when the money is there and it's not going out fast enough. The states have had months to get this money out, right?
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Re: Eviction Crisis is Here

Post by Zarathud »

Separation of powers. Some States are being assholes. Congress is being blocked because despite Trump being an idiot, the Republicans still got enough seats to create deadlock. This is a feature of our system, unfortunately.
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Re: Eviction Crisis is Here

Post by Drazzil »

malchior wrote: Wed Aug 04, 2021 1:56 pm
Drazzil wrote: Wed Aug 04, 2021 1:49 pm I still think it's time to revisit Madison v Marbury. The SC granted itself the power to dictate what laws are "constitutional" and which laws aren't. The president would be perfectly within his rights to defy the SC, and indeed, *absolutely* should in cases where it comes down to the public good.
I don't think this is such a great idea. Might as well roll out the red carpet for fascism at that point. The problem is not in the "powers" of SCOTUS. It is that the system became so distorted that SCOTUS became distorted as well. That is concerning since it is one of the last lines of defense against authoritarianism. I'd argue that if Madison v Marbury was revisited it'd be a sign that our democracy was dead.
Our "democracy" IS dead. Nothing we can do now about that. Congress has thrown down it's powers to govern in the name of obstructionism. The supreme court has become a tool of the right. The only question now is who will be quick enough to realize this and dive into the vaccium.

My hope is that it's someone on our side. The crazies on the other side need their heads busted.
Last edited by Drazzil on Wed Aug 04, 2021 4:09 pm, edited 1 time in total.
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malchior
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Re: Eviction Crisis is Here

Post by malchior »

It's also hella complicated. States have to deal with collecting information and documentation for means testing. There had to be policies, procedures, and systems rolled out on short notice. We had some states being assholes as mentioned. Some states were being way too progressive and trying to prioritize in unrealistic ways. We also see tenants and landlords not participating and trust issues between those two groups causing issues. It seems way too optimistic to think it'll get solved in the next 60 days.
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Re: Eviction Crisis is Here

Post by Grifman »

They really should just leave the renters out of the process and put it all on the landlords. No need for two parties to be involved and complicating the process. Plus a state is more likely to listen to screaming landlords than the poor who need assistance, especially in Republican states who are supposedly "business friendly". Let the state deal with the landlords who can then scream about the state govt causing them problems.
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Re: Eviction Crisis is Here

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The problem is that there would have to be proof that the tenant is in need before the funds are paid on their behalf. How does the landlord supply that?
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malchior
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Re: Eviction Crisis is Here

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Blackhawk wrote: Wed Aug 04, 2021 7:29 pm The problem is that there would have to be proof that the tenant is in need before the funds are paid on their behalf. How does the landlord supply that?
This is the issue. The program is means tested. Also the problem isn't just renters. Sometimes the landlords want to get people out for above and/or below board reasons.
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Re: Eviction Crisis is Here

Post by Smoove_B »

Exactly. My corner of NJ is filled with landlords that are selling single-family homes to take advantage of the insane real estate prices.

And then others are using the ridiculously low mortgage rates to buy more rental units.

Money is being funneled up and away.
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Re: Eviction Crisis is Here

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Blackhawk wrote: Wed Aug 04, 2021 7:29 pm The problem is that there would have to be proof that the tenant is in need before the funds are paid on their behalf. How does the landlord supply that?
The landlord supplies evidence that he/she has not been paid. If they haven't been paid, then the assumption is that the tenant is in need. Is it perfect - no, but no system will be.
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Re: Eviction Crisis is Here

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The fraud would be EPIC.
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Re: Eviction Crisis is Here

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Little Raven wrote: Thu Aug 05, 2021 1:51 am The fraud would be EPIC.
This has been the endless argument for a system that to date has not dispensed 89% of the funds available.
The $46.5 billion rental aid program created to pay rent accrued during the pandemic continues to disburse money at a slow pace, as the White House braces for a Supreme Court order that could strike down a new national moratorium on evictions.

The Emergency Rental Assistance Program, funded in the two federal pandemic relief packages passed over the last year, sputtered along in July, with just $1.7 billion being distributed by state and local governments, according to the Treasury Department, which oversees the program.

The money meted out was a modest increase from the prior month, bringing the total aid disbursed thus far to about $5.1 billion, figures released early Wednesday showed, or roughly 11 percent of the cash allocated by Congress to avoid an eviction crisis that many housing experts now see as increasingly likely.
The hammer could drop on the probably illegal moratorium in upcoming weeks or when it lapses since it was only extended 60 days to speed up the ERAP program -- which hasn't happened. Courts would then start processing evictions again. There is a lot of shortsightedness happening here. We have several failure points to consider here:

* Landlords who think that they'll find new tenants and get top dollar in a glut of evictions -- top notch economic thinking there
* Multiple authorities who aren't really talking about a plan for the next step in the chain - to wit, do we just hope people will pile into the existing housing footprint somehow? That'll be great for the COVID situation.
* What'll happen when/if the wave of evictions turns into a wave of foreclosures?
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Re: Eviction Crisis is Here

Post by malchior »

SCOTUS knocked down the federal eviction moratorium as expected.

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Re: Eviction Crisis is Here

Post by Drazzil »

malchior wrote: Thu Aug 26, 2021 9:41 pm SCOTUS knocked down the federal eviction moratorium as expected.

Marbury v Madison.
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Re: Eviction Crisis is Here

Post by Octavious »

I mean I don't think they are wrong but this is going to be ugly. The Republicans are probably high giving themselves that they are getting people kicked onto the streets while they also fight covid rules to keep people from not dying. We're so fucked.
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Re: Eviction Crisis is Here

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So um in the meantime in between knowing this would get tossed did they even try and come up with a plan? :doh:
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Re: Eviction Crisis is Here

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Octavious wrote: Fri Aug 27, 2021 8:52 am So um in the meantime in between knowing this would get tossed did they even try and come up with a plan? :doh:
The plan was to get ERAP ramped up but the hang up is mostly at the state level. Also, as mentioned above there are a lot of dumb, dumb landlords who aren't really thinking through Step 2 of their grand eviction dreams.

A hope for a plan is sort of besides the point because the Biden administration only did it because the Democrats had ineptly formed a circular firing squad. They're probably scrambling now and are dealing with multiple major crises. Due to these factors, I'd keep expectations super, super low at the moment.
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Re: Eviction Crisis is Here

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malchior wrote: Fri Aug 27, 2021 9:04 am
Octavious wrote: Fri Aug 27, 2021 8:52 am So um in the meantime in between knowing this would get tossed did they even try and come up with a plan? :doh:
The plan was to get ERAP ramped up but the hang up is mostly at the state level. Also, as mentioned above there are a lot of dumb, dumb landlords who aren't really thinking through Step 2 of their grand eviction dreams.

A hope for a plan is sort of besides the point because the Biden administration only did it because the Democrats had ineptly formed a circular firing squad. They're probably scrambling now and are dealing with multiple major crises. Due to these factors, I'd keep expectations super, super low at the moment.
Yeah, it bears repeating that plenty of money has already been allocated for rental assistance; it's up to the states to deploy it. IDK what the administration can do to help that along considering that the eviction moratorium has been shot down twice now.
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Re: Eviction Crisis is Here

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Kraken wrote: Fri Aug 27, 2021 10:13 am
malchior wrote: Fri Aug 27, 2021 9:04 am
Octavious wrote: Fri Aug 27, 2021 8:52 am So um in the meantime in between knowing this would get tossed did they even try and come up with a plan? :doh:
The plan was to get ERAP ramped up but the hang up is mostly at the state level. Also, as mentioned above there are a lot of dumb, dumb landlords who aren't really thinking through Step 2 of their grand eviction dreams.

A hope for a plan is sort of besides the point because the Biden administration only did it because the Democrats had ineptly formed a circular firing squad. They're probably scrambling now and are dealing with multiple major crises. Due to these factors, I'd keep expectations super, super low at the moment.
Yeah, it bears repeating that plenty of money has already been allocated for rental assistance; it's up to the states to deploy it. IDK what the administration can do to help that along considering that the eviction moratorium has been shot down twice now.
The administration could get Congress to do something about it. However, good luck with that.
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Re: Eviction Crisis is Here

Post by Octavious »

At worst they should be doing something that gets shot down by the Republicans. We everyone starts getting chucked on the street they are going to blame whoever is in office. Fair or not. I'm not super stoked about how the first year has gone so far. ;)
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Re: Eviction Crisis is Here

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I am legitimately beginning to think there are actually agents of HYDRA at every level in government worldwide that are trying to do everything they can to have global ociety collapse. The more I think about it, the more it makes complete sense, particularly in light of the number of concurrent social crisis events that are all unfolding right now.
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Re: Eviction Crisis is Here

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Octavious wrote: Fri Aug 27, 2021 11:57 am I'm not super stoked about how the first year has gone so far. ;)
I'm not either,. When compared to what would have happened under the other option (we'd probably be experiencing a complete breakdown of the vestiges of democracy and have upwards of 5 million dead from COVID) I'm fucking tickled pink.
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Re: Eviction Crisis is Here

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Paingod wrote: Fri Aug 27, 2021 12:08 pm
Octavious wrote: Fri Aug 27, 2021 11:57 am I'm not super stoked about how the first year has gone so far. ;)
I'm not either,. When compared to what would have happened under the other option (we'd probably be experiencing a complete breakdown of the vestiges of democracy and have upwards of 5 million dead from COVID) I'm fucking tickled pink.
Well I think we're going to go right back there if things don't shape up. That's what I'm worried about.
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Re: Eviction Crisis is Here

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Smoove_B wrote: Fri Aug 27, 2021 12:07 pm I am legitimately beginning to think there are actually agents of HYDRA at every level in government worldwide that are trying to do everything they can to have global ociety collapse. The more I think about it, the more it makes complete sense, particularly in light of the number of concurrent social crisis events that are all unfolding right now.
Remember when I said that congress had "set down" it's right to govern, and then someone was going to have to pick it up?

I'm still of that opinion.
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Re: Eviction Crisis is Here

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Kraken wrote: Fri Aug 27, 2021 10:13 am Yeah, it bears repeating that plenty of money has already been allocated for rental assistance; it's up to the states to deploy it. IDK what the administration can do to help that along considering that the eviction moratorium has been shot down twice now.
Yeah, whether through malice or incompetence, the states have made it way too complicated for most people in need to actually apply for this money, let alone qualify for it. For example, I rent out my condo to a tenant that can barely make ends meet as it is, and the pandemic didn't help. On more than one occasion, she would only be able to pay part of the rent, and then eventually get caught up over time. But the rent assistance would only be available to her if she was being evicted (i.e. if I, as the landlord, had served her with an eviction letter). I don't even know what other requirements there are beyond that. There should be some rules set up to allow for rent assistance based on the tenant's income instead of letting them get to the point where they are getting evicted. It's just so stupid and inefficient and not really helping anyone.
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Re: Eviction Crisis is Here

Post by Smoove_B »

Good lord


Goldman analysts predict that the U.S. will see roughly 750,000 evictions by the end of the year
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Re: Eviction Crisis is Here

Post by LawBeefaroni »

Smoove_B wrote: Mon Aug 30, 2021 12:35 pm Good lord


Goldman analysts predict that the U.S. will see roughly 750,000 evictions by the end of the year
Don't worry, that's just how they want it. Push out the little landlords, bring in the Wall Street firms.

Pension funds, investment firms and Wall Street banks are snapping up family homes in Europe and the United States at a rapid pace as prices rocket higher, looking for alternatives to lockdown-hit office parks and shopping malls, and betting that a permanent increase in remote working following the coronavirus pandemic will keep demand for suburban houses elevated.

At the same time, the soaring cost of home ownership means that growing numbers of younger Americans and Brits renting rather than buying houses as they start families and gravitate toward the suburbs. Some of them may find their next landlord is based on Wall Street or in London's financial district.

You want what's best for Blackrock, don't you?
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