Evictions Ban – Safety Net Or Illegal Property Grab?

The on and off eviction moratorium across America is back on. The federal Centers for Disease Control is managing the new order. The on and off backing of President Joe Biden back on again. Before the pronouncement, the President was saying the government didn’t have the power to do that. Now the President is supporting the ban.

The situation surrounding rental housing, expected payments from renters, property rights, and the validity of rental contracts, has all the makings of a monumental economic crash facing the country.

Many landlords are complaining the government is interfering with their rights to manage their property and the eviction moratorium is simply illegal.;

In Calhoun County, local County Board of Commissioners Chairman Steve Frisbee is among the property owners saying it’s all a big mess. Chairman Frisbee is posting on his Facebook page he’s been fortunate to have renters who have paid their due. But he knows of many landlords who are facing financial ruin.

Quoting Frisbee, “Unless there's a law or unchallenged executive order backing this, I'm not sure how any court could enforce this based on a CDC utterance. This is a perfect example of the federal bureaucrats running the swamp.”

Earlier this year, media reports focused on COVID-19 stimulus help that was supposed to go to landlords and renters throughout Michigan. But hundreds of millions in requested payouts haven’t been processed.

There is a new court challenge to the CDC eviction moratorium, one that has received little media attention. It’s based in essence on the “takings” clause of the US Constitution. It requires the government to provide just compensation for property it has taken over from US citizens. Plaintiffs from the National Apartment Association are claiming $26 billion dollars in damages.

No question more legal challenges over the government's intrusion into rental property ownership will be filed in the coming days.