Landlords sue to stop Biden's 'nakedly political' eviction ban

According to the groups, the CDC appeared to have acted in bad faith.This new legal challenge will cause more chaos in the federal government's safety net to renters who are still struggling to pay their bills during the pandemic. It will set off a race against the clock for policymakers to find ways of speeding up the release $46.5 billion in rental assistance. This was intended to support renters and landlords, but has been plagued by severe state and local bottlenecks.After claiming that they had lost billions each month due to the original ban, which was first implemented by the CDC in September, landlords are now taking aim at the Biden administration. This week, the agency issued a revised moratorium that was targeted at high-level Covid-19 levels in areas. It currently affects about 80 percent of counties.A coalition of 11 housing industry organizations, including the Mortgage Bankers Association (MAHB) and the National Association of Home Builders, stated Wednesday evening in a statement that they oppose the ban and that the administration acknowledged that it does not have the legal authority to impose a more targeted expulsion moratorium.Charlie Oppler, President of the National Association of Realtors stated that "About half of all housing providers" are mom-and pop operators. They cannot maintain their homes or pay their bills if they don't have rental income.Biden granted Saturday's expiration to an earlier version of the eviction moratorium due to a Supreme Court warning that CDC had exceeded its authority. The White House reacted to the major backlash by Democrats and issued a more specific ban this week in order to protect millions of Americans from losing their homes.Initial statements by the administration stating that its hands were tied in June Supreme Court opinions meant that they tried to place the responsibility for extending the moratorium on Congress. House Democrats were unable to get the votes necessary to pass an extension, so they left for August recess. Seneca Republicans were also expected to block the legislation.Industry groups sued by the Biden administration Wednesday cited the timeline as proof that the ban should be rescinded. They claimed that the CDC extended the moratorium for "nakedly political reasons".The CDC announced Tuesday that the new eviction ban will be in effect until October 3. It applies to counties with high levels of Covid-19 community transmission. As it tried to find a better safeguard for renters, the Biden administration reduced the ban's scope.The revamped moratorium left landlords "irate", said Bob Pinnegar, President and CEO of the National Apartment Association. After the CDC stated in June that an eviction prohibition renewal through July was planned, property owners were furious.After contradictory messages from White House and Biden officials about the legal basis of the new policy, housing industry groups are likely to challenge it.Biden stated Tuesday that any request for a moratorium that is based on the Supreme Court's recent decision will likely face obstacles. Jen Psaki, White House press secretary, said Wednesday that the president would not have supported moving forward without legal justification.The White House didn't respond to a request for comment regarding Wednesday's legal challenge.Pinnegar spoke of the reaction of landlords to the back-and forth, saying that we were really just a pawn. It seems to me that this was more about keeping the Democratic caucus together in the House for the forthcoming infrastructure bill. The industry is clearly frustrated.The new legal motion of the industry groups will be presented to U.S. District Judge Dabney Frederick in Washington. In May, she ruled that the CDC exceeded its authority by imposing the ban in an earlier case. This victory was a win for landlords. This case is currently being appealed. Friedrich granted a stay to her own decision, which prompted housing industry groups to petition Supreme Court in June to end the moratorium.The Supreme Court ruled in favor of the trade associations' emergency request for intervention, allowing the moratorium to be extended until Saturday last week. Justice Brett Kavanaugh, who was part of the liberals that argued for the moratorium's upholding, warned in his concurring opinion against the CDC going beyond its legal authority and that it was due to expire soon.Kavanaugh stated that he agrees with the lower court's conclusion that the CDC had outshone its statutory authority in issuing the ban.Wednesday's legal argument by property owners was centered on this decision.The Supreme Court ruled that the eviction moratorium exceeded the CDC's statutory authority, and that it could not be extended beyond July 31.After legislators failed to pass legislation to reinstate the ban last week (Speaker Nancy Pelosi), Rep. Cori Bus (D-Mo. Other Democrats and Speaker Nancy Pelosi pressed the administration for a reversal of course. For a few days the White House refused to change its mind. Gene Sperling, senior adviser, told reporters Monday that while the administration had tripled, tripled, and quadruple reviewed its options, the CDC couldn't find legal authority.Psaki stated Wednesday to reporters that Biden's remarks about legal obstacles shouldn't be taken to mean that the ban is vulnerable to court challenges.Psaki stated that this is a targeted, narrow moratorium and is not the same as the national moratorium. This is not an extension to that.