August 3, 2021
We just received the extension of the eviction moratorium from the CDC based upon the statement made by President Biden earlier this afternoon. We have attached a copy of the CDC statement here.
According to the information reported to date regarding why President Biden has taken this action, it is our understanding the President was informed by the “bulk” of Constitutional scholars that the eviction moratorium was not constitutional as issued by the CDC. However, President Biden felt it was worth the risk and stated, “at a minimum, by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are in fact behind in the rent and don’t have the money.”
We are closing monitoring the situation and will keep you updated regarding actions taken on behalf of Landlords and how this will affect evictions and pending matters. To say we are disappointed by this action is of course an understatement. The checks and balances of our system do not exist so that the government can act in a manner it believes or knows to be unconstitutional as a way of biding time.