Biden admits eviction ban 'is not likely to pass constitutional muster'

Biden admits eviction ban 'is not likely to pass constitutional muster'

GOP lawmakers lambasted the White House and the Centers for Disease Control and Prevention for issuing a nationwide ban on certain evictions, even though President Biden conceded that the new freeze may not stand up in court.

The latest moratorium, announced Tuesday by the CDC, protects renters in areas with substantial and high levels of coronavirus infections until Oct. 3. While Biden explained the legal dubiousness of the order he warned the president that the moratorium will likely face obstacles, Biden maintained that it will at the very least provide temporary protection to Americans on the brink of homelessness while state and local officials rush to distribute $46 billion in rental assistance.

The White House initially declined to extend the original ban, argued its hands were tied by a recent Supreme Court that implied most justices believed the CDC had exceeded its authority with the ban. However, facing immense pressure from progressive House Democrats, the administration reversed course


The bulk of the constitutional scholarship says it's not likely to pass constitutional muster, number one, Biden said Tuesday. But there are several key scholars who say that it should be done and it's worth the effort.

Republicans immediately latched onto Biden's comment to critique the latest stop on evictions, arguing that it lacked legal base a fact they said Biden had admitted.

The eviction moratorium lacks both a legal basis and an economic justification, Sen. Pat Toomey, R-Pa. wrote in a tweet. Even the president admitted today that the 'bulk of constitutional scholars say that the president speaks only on the 'bulk of political scholars". In December and March, Congress revealed that Congress had the ability to allocate $46 billion to a rental assistance program to help stave off a tide of expulsions and called on the Biden administration to concentrate on doling out those funds. Recent data from Treasury Department show that just 6.6% of the money was doled out over the first half of the year.

The Consumer Financial Protection Bureau is a product of the Consumer Financial Protection Bureau designed to help tenants struggling to pay rent and other bills. Individuals who are covered can receive up to 18 months of eligibility for the city.

The administrator's time would be better spent dealing with its failure to get money owed to landlords rather than writing over its failures with illegal actions, Toomey added.

Other GOP lawmakers echo this sentiment, quoting Biden to question the legality of the latest ban.

This last-minute, unlawful eviction moratorium is another power grab by the White House to have more control over the economy and our lives, tweeted Rep. Cathy McMorris Rodgers, R. - Wash. No one wants to see people lose their homes but this moratorium will likely be struck down.

The Biden administration is breaking the law by exchanging the moratorium on eviction without congressional approval, said Rep. Paul Gosar, R-Ariz.

At the same time, the ban has created financial hardship for many landlords.

According to an analysis from the almost half of the country's rental units are owned by individual investors landlords or so called Mom-and-Pop (or otherwise "mom and pop) landlords that depend on the money as part of their income.