Municipalities Should Not Acknowledge CDC’s Unconstitutional Eviction Moratorium

Landlords all over the country are struggling to make ends meet as renters have been living in their homes and apartments free of charge since the covid emergency measures were put in place back in 2020. The federal eviction moratorium has caused irreparable harm to landlords, especially the small landlords who have had to continue to pay their mortgages while their renters have been squatting in their properties even while many of those squatter have been getting the additional unemployment of up to $400 a week for months now.

The moratorium expired July 28, 2021, but Biden, after consulting with various constitutional scholars who told him in no uncertain terms that extending it was unconstitutional, decided he was going to do it anyway. On August 3rd he announced his intentions on national television. Did you ever think you would see a president tell the entire nation, “yeah, this is unconstitutional and it will be shut down by the Supreme Court, but until it gets shut down, I’m going to tell the CDC to go ahead with it anyway.” It was a brazen “screw you” to the nation regarding the oath of office he took on January 21.

Charles C. W. Cooke, writer at National Review, has advice for all Americans: defy the order.

The appropriate response to publicly confessed lawlessness is calm refusal. As soon as possible, state governors, legislatures, and courts should make it clear that they intend to follow the law as set by the Supreme Court, rather than the “law” as set by the arrogations of the director of the CDC. To a man, landlords should follow suit, as should every public and private institution connected to the management of private rentals. 

Eviction laws are written, passed, and enforced on the municipal level, not the federal level, which means municipal judges could not possibly acknowledge the CDC’s authority regarding evictions because it does not have any. Period.

Charles is right. Every landlord and municipal judge in the country has the legal authority to tell the CDC to pound sand and they should.

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