Tuesday, September 1, 2020

Blatantly unconstitutional

President Trump's CDC today issued an order that prevents landlords from evicting tenants from residential property, as long as the renter makes less than $99,000 a year. The order states that the tenant is still required to pay rent. Well, if I can't evict them, just how am I going to do that?

There is currently no mechanism to make a tenant pay, if that tenant is not under any threat of being evicted. This is an unconstitutional taking. You are telling me, as a property owner, that I cannot remove someone from my property. However, they are claiming that, since the tenant is still required to pay, it isn't a taking without compensation.

Exactly how I will be compensated is my problem, I guess.

I guess I am getting communism no matter who I vote for.

4 comments:

Beans said...

Well, the first mistake is believing anything that comes from the CDC. They aren't Trump's, they are and have been a political organ of the Democratic Party for over 30 years that occasionally does real medical research.

Remember their stance on a nurse showing active signs of Ebola? Oh, yeah, great move there slicks, because what they said was to fly commercial down to one of the appropriate facilities to be admitted. Not "Stay where you are, we're coming to collect you on our private plane with all the correct equipment." No. Fly commercial.

SiGraybeard said...

How does the CDC have authority to say you can't evict someone for not paying rent? Under what law is that allowed?

It's a stretch, but maybe I could see if it had something to do with disease, but not a third order effect like losing a job due to being quarantined.

They seem to be saying, "we have the infinite checkbook of the Fed.gov - so sue us."

Jonathan H said...

First, yes, this is government interference in private contracts, so yes - it is unconstitutional for anyone to issue this order, let alone the CDCs. As mentioned above, the CDCS (there are a bunch of them, not one), like most federal agencies, particularly the regulatory ones, are INFESTED with liberals, especially in their upper ranks.

[side note - I work at a federal regulatory agency; the guys in the field are great, but the idiots in headquarters more than make up for it...]

Second, however, if you read the order there are a bunch of exceptions beyond just income - this is more in line with big cities existing rules than anything completely new.

Third, how does this bind local courts and law enforcement, since they are the ones that rule on and carry out evictions?

My landlord friends tell me that it is already difficult and expensive to get an eviction through the system... I'm not sure this changes much on the ground. BUT I have been thinking about getting a rental property - this (and other similar current idiocy) has put the kibosh on that!

ASM826 said...

Yes, yes you are. And you're going to get a lot more of it no matter who you vote for next time.