Covid-19 Eviction Moratorium

[Cinga]

8 hours ago, snafu said:

Supreme Court Shupreme Court, amirite?

 

https://www.reuters.com/world/us/biden-announce-new-eviction-moratorium-new-york-times-2021-08-03/

 

 

7 hours ago, Ann said:

Kavanaugh and his stupid, “yeah it’s illegal, but it ends soon.” Realtors need to sue again for a real ruling.

 

Crazy right? The Supremes have already ruled the CDC had no authority to do this, so they turn right around and do it again like a petulant child. S\o since it's been ruled before that if any law is deemed as Unconstitutional, that law should be treated as if it never existed. So.... does that go back to yesterday or to the beginning of the previous one the court ruled on? Problem is, who is going to enforce it?

[Taro T]

3 hours ago, Cinga said:

 

 

Crazy right? The Supremes have already ruled the CDC had no authority to do this, so they turn right around and do it again like a petulant child. S\o since it's been ruled before that if any law is deemed as Unconstitutional, that law should be treated as if it never existed. So.... does that go back to yesterday or to the beginning of the previous one the court ruled on? Problem is, who is going to enforce it?

 

Probably the same group that enforced the laws against foreign donations to presidential campaigns, specifically Chinese political donations via Tibetan monks back in the day.

[snafu]

3 hours ago, Cinga said:

 

 

Crazy right? The Supremes have already ruled the CDC had no authority to do this, so they turn right around and do it again like a petulant child. S\o since it's been ruled before that if any law is deemed as Unconstitutional, that law should be treated as if it never existed. So.... does that go back to yesterday or to the beginning of the previous one the court ruled on? Problem is, who is going to enforce it?

Landlords can ask their lawyer to file the eviction papers.  I bet a lot of landlords are going to go ahead an do that. It would be up to the judge to allow the case to proceed. 
 

Plus, I’m sure the City Marshal (that’s who shows up at the door and does the actual evicting in NYC) has a pile of warrants from old eviction cases on his desk. In some jurisdictions, I’m sure that the local Marshal (or Sheriff) is going to ignore the latest CDC edict. 

But for all practical purposes, the moratorium will be honored. 
 

Looking down the road, the few people who will make out best will be developers who get on the phone with their local governments to get tax incentives and other perks to build low income units. Build them and get incentives, or lease the project back to the city or state, or sell it to someone who will operate it.  There’s going to be a big big need for those soon enough. These tenants who either get evicted or who receive aid will have a hard time finding their next place to live because they’re going to have to show the next landlord that they paid their rent in a timely way.  Both regular landlords and the big companies that are buying up rental properties aren’t going to open their doors to tenants with a “history”, Covid or no Covid. 
 

 

[Foxx]

5 hours ago, snafu said:

Landlords can ask their lawyer to file the eviction papers.  I bet a lot of landlords are going to go ahead an do that. It would be up to the judge to allow the case to proceed. 
 

Plus, I’m sure the City Marshal (that’s who shows up at the door and does the actual evicting in NYC) has a pile of warrants from old eviction cases on his desk. In some jurisdictions, I’m sure that the local Marshal (or Sheriff) is going to ignore the latest CDC edict. 

But for all practical purposes, the moratorium will be honored. 
 

Looking down the road, the few people who will make out best will be developers who get on the phone with their local governments to get tax incentives and other perks to build low income units. Build them and get incentives, or lease the project back to the city or state, or sell it to someone who will operate it.  There’s going to be a big big need for those soon enough. These tenants who either get evicted or who receive aid will have a hard time finding their next place to live because they’re going to have to show the next landlord that they paid their rent in a timely way.  Both regular landlords and the big companies that are buying up rental properties aren’t going to open their doors to tenants with a “history”, Covid or no Covid. 
 

 

Thanks, snafu.

 

We were one of the lucky ones, one of our tenants paid rent all throughout. He was forced to work from home for the duration. Unfortunately, his employer messed up his work visa and it appears more than likely that he will have to leave the country for awhile until it all gets straightened out.  It is too bad really,, he is a wonderful guy and someone that certainly deserves to be a citizen.

 

Most certainly, we will be seeking past rent payment history from prospective new tenants 

[RkFast]

Im trying to wrap my head around how the same people who are pushing to radically change suburban zoning to allow a ton more rentals (under the guise of "affordable housing") are also basically telling landlords to go F themselves. 

Edited August 4, 2021 by RkFast

[Beer__League__Hockey]

16 hours ago, RkFast said:

Im trying to wrap my head around how the same people who are pushing to radically change suburban zoning to allow a ton more rentals (under the guise of "affordable housing") are also basically telling landlords to go F themselves. 

 

Has to be part of the plan, right?  Push the independent, little guys out and consolidate everything into 1 or 2 large mega corporations.  Then essentially you have gov't run housing, everywhere.  Commies wet dream right there.

[IDBillzFan]

 

[snafu]

^^^^^Biden’s got a sweet ride!

Do they let him drive slow on the driveway?

 

[Foxx]

22 minutes ago, snafu said:

^^^^^Biden’s got a sweet ride!

Do they let him drive slow on the driveway?

 

So... you're saying he's crossing the Rubicon? Do you think he'll return?

[snafu]

1 minute ago, Foxx said:

So.. you're saying he's crossing the Rubicon? Do you think he'll return?

It’s a circular driveway.

 

 

[Foxx]

2 minutes ago, snafu said:

It’s a circular driveway.

 

 

I knew we've been here before!

[Billsandhorns]

Can't miss judge Wapner

[B-Man]

 

 

[IDBillzFan]

 

[Ann]

2 hours ago, IDBillzFan said:

 

If renters need relief, how about apartment owners needing relief from the mortgage companies and city/state/federal taxes? Shouldn't those be deferred? 
 

[IDBillzFan]

14 hours ago, Ann said:

If renters need relief, how about apartment owners needing relief from the mortgage companies and city/state/federal taxes? Shouldn't those be deferred? 
 

 

I'm not sure how that benefits the left. I don't think it's a coincidence that an illegal moratorium that will make a lot of individual property owners go bankrupt is being pushed while corporations are buying up any properties that suddenly come on the market for, y'know, defaulting on the loan.

[snafu]

16 hours ago, Ann said:

If renters need relief, how about apartment owners needing relief from the mortgage companies and city/state/federal taxes? Shouldn't those be deferred? 
 

 

That's probably the entire point of that LA Developers' lawsuit.

The theory is that the regulations amount to a Government taking.  The same argument is probably on its way up to the Supreme Court from NYS because of rent stabilization and rent control laws.  I think this argument failed in the distant past, but the Court is a bit more landlord friendly these days. And I'm pretty certain that the Court doesn't have a sympathetic ear for an administration who just gave their Order the middle finger.

 

 

 

[Ann]

 

 

https://twitter.com/ShannonBream/status/1425965493475848193

 

More from th Supreme Court blog (a blog about SC rulings)

 

In a brief unsigned order on Thursday, the Supreme Court granted the landlords’ request to block New York from enforcing the portion of the COVID Emergency Eviction and Foreclosure Prevention Act that generally allows tenants to ward off eviction, without a hearing, simply by certifying that they have suffered financial hardship as a result of the pandemic. Such a scheme, the court explained, “violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case.’” However, the court continued, tenants can still raise financial problems resulting from the pandemic as a defense in court.

 

 

 

[snafu]

14 hours ago, Ann said:

 

 

https://twitter.com/ShannonBream/status/1425965493475848193

 

More from th Supreme Court blog (a blog about SC rulings)

 

In a brief unsigned order on Thursday, the Supreme Court granted the landlords’ request to block New York from enforcing the portion of the COVID Emergency Eviction and Foreclosure Prevention Act that generally allows tenants to ward off eviction, without a hearing, simply by certifying that they have suffered financial hardship as a result of the pandemic. Such a scheme, the court explained, “violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case.’” However, the court continued, tenants can still raise financial problems resulting from the pandemic as a defense in court.

 

 

 

 

 

Thanks, Ann.  I was just coming here for this...

Here is a copy of the decision and the dissent.

https://www.supremecourt.gov/opinions/20pdf/21a8_3fb4.pdf

 

Bottom line is that now the Tenants need to argue and prove their hardship in Court and the Landlord can rebut the assertion.  NYC Housing Courts are already glutted and slow.  This will make things slow down even more.  It is the right decision IMO, but that's going to be the consequences.  Unless LL's and T's make their own deals outside of Court -- which I think will also happen. 

 

I read a different article that speculated about why the Court didn't just sit on this decision until the end of August (when the statute expires), which they easily could have done. My guess is that they were probably getting ahead of NYS just extending the law.

 

 

 

 

[Koko]

1 hour ago, snafu said:

I read a different article that speculated about why the Court didn't just sit on this decision until the end of August (when the statute expires), which they easily could have done. My guess is that they were probably getting ahead of NYS just extending the law.

 

Considering that they just got burned by Biden doing that...