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DS News September 2020

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11 CDC EVICTION MORATORIUM DRAWS MIXED REACTION FROM INDUSTRY e Trump administration said it will use its quarantine authority to keep renters in their homes during the coronavirus pandemic as a way to prevent an eviction crisis that could worsen economic strains. Bloomberg first reported the news. e Centers for Disease Control and Prevention (CDC) plans to temporarily halt evictions of consumers earning no more than $99,000 a year "to prevent the virus from spreading," a senior administration official said. "e policy will take effect immediately," according to Bloomberg. e administration acted independently after Congress failed to decide whether or not to extend the eviction moratorium that ended in July, Bloomberg reported. "e administration is acting unilaterally after failing to reach a deal with lawmakers over another round of stimulus relief funding, aimed in part at keeping renters in their homes." An unnamed "administration official" told Bloomberg that to obtain the relief, renters must assert they are incapable of paying their rent or are likely to become homeless if kicked out of their property. e publication went on to report, this afternoon, that "individuals who received a coronavirus stimulus check earlier this year also qualify for the protection, as do couples who jointly file their taxes and expect to earn less than $198,000." e move, according to the reporters, marks an "unprecedented use of executive authority," and might face legal challenges from landlords. Many property owners have said they are losing income from rental properties. (Some have already engaged in state-level lawsuits). Senior administration officials told reporters from e Hill that it will be up to local courts to adjudicate eviction filings, but that the federal order should protect all tenants who qualify for the program should they face judicial proceedings. But administration officials told Bloomberg they have the ability under a federal law that allows the CDC to order emergency measures when it determines that state and local governments haven't taken sufficient steps to prevent the spread of a communicable disease. A White House lawyer who also is not identified told Bloomberg that CDC Director has authority to "take measures he deems reasonably necessary to prevent the spread of communicable diseases." "President Trump is committed to helping hardworking Americans stay in their homes and combating the spread of the coronavirus," White House spokesman Brian Morgenstern said in a statement. "Today's announcement from his Administration means that people struggling to pay rent due to coronavirus will not have to worry about being evicted, and risk further spreading of or exposure to the disease due to economic hardship." Housing advocates soon began responding to the action. "While an eviction moratorium is an essential step, it is a half-measure that extends a financial cliff for renters to fall off of when the moratorium expires and back rent is owed," Diane Yentel, President of the National Low Income Housing Coalition (NLIHC), told e Hill. "is action delays but does not prevent evictions. Congress and the White House must get back to work on negotiations to enact a COVID-19 relief bill with at least $100 billion in emergency rental assistance." National Association of Realtors (NAR) stated "appreciation and support of administration efforts to ensure struggling Americans can remain in their homes." But NAR President Vince Malta went on to say that "this order as-written will bring chaos to our nation's critical rental housing sector and put countless property owners out of business." "Any eviction moratorium must also come with rental assistance for property owners, the vast majority of which are mom-and-pop investors and are still required to meet their financial obligations even as they cease to receive income on their properties," Malta said. "NAR strongly encourages Congress to pass immediate legislation that would instead provide emergency rental assistance programs directly to housing providers." e National Multifamily Housing Council released a statement expressing dissatisfaction "that the Administration has chosen to enact a federal eviction moratorium without the existence of dedicated, long-term funding for rental and unemployment assistance." "Without mortgage forbearance protections and protections from other property-level financial obligations such as property taxes, insurance payments, and utility service, the stability of the entire rental housing sector is thrown into question," the NMHC continued. e NMHC added that it is best left to state and local officials who better know their housing markets and can tailor protections to the varied and unique eviction laws and judicial processes across jurisdictions. To that last point, the CDC stated that the eviction ban will "allow State and local authorities to more easily implement stay- at-home and social distancing directives to mitigate the community spread of COVID-19." National Housing Conference President and CEO David M. Dworkin said the order "does a good job of explaining in great detail why we must address this growing crisis." "Unfortunately, it does nothing to solve it," he added. "It merely kicks the problem down the road to January, when the weather will be colder and more people will be experiencing even greater crisis." e federal halt on evictions will be in place until December 31. Journal

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