by Mish Shedlock, The Street:

A federal judge on Wednesday invalidated the CDC’s national eviction moratorium.

Good News for Landlords Bad News for Tenants 

In what’s good news for landlords the National Eviction Moratorium Invalidated by Federal Judge.

The CDC, citing public health grounds, had implemented the temporary halt on evictions, extending protections for millions of tenants who have fallen behind on their rent during the pandemic. But a series of conflicting lower court rulings has called into question the legality of the moratorium, creating uncertainty for landlords and tenants alike.

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Wednesday’s ruling from Judge Dabney Friedrich, from the U.S. District Court for the District of Columbia, is the first to set aside the moratorium on a nationwide basis.

Judge Friedrich, a Trump appointee, said that while it was the role of the political branches of government to address the pandemic, current federal law on public health didn’t give the CDC broad authority to impose the moratorium.

“Because the plain language of the Public Health Service Act unambiguously forecloses the nationwide eviction moratorium, the court must set aside the CDC order,” Judge Friedrich wrote.

Moratorium History 

The eviction moratorium started with Trump via an executive order. He conveniently set expiration for December 31, after the election.

Congress extended the order until January, then the CD extended the order twice setting up this court showdown.

Correct Ruling

Small landlords are suffering because they have mortgages to pay and themselves risk foreclosure.

How the heck are back rents ever to be paid by those still out of a job?

If Congress wanted to halt evictions, the proper way would have been to pay tenants rent, not impose burdens making other people helpless.

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