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Justice Department appeals ruling against moratorium on evictions

2021-03-02T01:07:20.532Z


The United States Department of Justice appealed a federal judge's ruling that declared a moratorium on evictions mandated by the CDC unconstitutional.


Tenants and landlords trapped by the 3:21 pandemic

(CNN Spanish) -

The United States Department of Justice appealed the ruling of a federal judge who declared unconstitutional a moratorium on evictions ordered by the Centers for Disease Control and Prevention (CDC, for its acronym in English) as an emergency sanitary.

The Justice Department ruled on Saturday through a press release on the decision made on February 25 by Judge John Barker, of the Eastern District of Texas John Barker and at his appointed time by former President Donald Trump.

In a statement signed by Brian M. Boynton, assistant attorney general for its Civil Division, the Department of Justice interpreted Barker's decision "does not extend beyond the individual plaintiffs in that case, and does not prohibit the application of the moratorium. eviction from the CDC to other parties.

For other landlords who rent to people covered by the measure, the CDC's moratorium on eviction remains in effect. "

In his ruling, Barker assured that even during the pandemic of the early 20th century, such measures had not been invoked.

He also wrote that Congress did not have the authority to give the CDC the power to stop evictions across the country, noting that the moratorium threatened landlord rights at the state level.

The plaintiffs, represented by two conservative legal groups, the Texas Public Policy Foundation and the Southeastern Legal Foundation, argued that the federal government does not have the power to stop home evictions.

The judge did not issue an immediate order, but hopes the CDC will withdraw the measure.

Christopher Fluegge of the National Homeowners Association says owners are having a hard time.

“In general, many owners are struggling with the situation.

In fact, many are selling their properties or defaulting on their mortgage payments and some of the landlords have entered into payment agreements with their tenants who have been willing and able to work with them, ”said Fluegge.

The manager assured that "nobody wants to evict the tenants, everyone's goal is to keep the tenants", and also pointed out that "the owners have had to innovate and work in the best possible way, but at the end of the day the finances are finances and some owners have not been able to sustain themselves.

Landlord organizations are hoping that the US government will approve the next COVID-19 crisis assistance package, which would include $ 25 billion in support to tenants, thereby alleviating debt.

Meanwhile, they call for both parties to reach an agreement.

«The most important thing is that the tenants and the owners agree and communicate because many times the tenants do not want to talk to the owners, they are afraid or maybe they think they are enemies, but rather it is that everyone is suffering, then they can work together to apply to help and find the information they need and hopefully I can help each other, ”said Alexandra Alvarado, director of marketing for the American Association of Apartment Owners.

It is estimated that at the end of December 2020, renters in the United States owed landlords between $ 30 billion and $ 70 billion in rent, according to the National Low Income Housing Coalition (NLIHC, for its acronym in English).

The US government extended the moratorium on home evictions until the end of March.

evictions

Source: cnnespanol

All news articles on 2021-03-02

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