Wednesday, July 6, 2022
HomeHealthTennessee Judge Rules Out CDC Eviction Moratorium

Tennessee Judge Rules Out CDC Eviction Moratorium

Hamilton County, Tennessee Judge Gary Starnes essentially threw out the CDC eviction moratorium due to a prior ruling. Starnes made the statement while presiding over eviction court. Upwards of 84 families were present, all of whom were facing eviction. Everyone in attendance was probably thinking that the CDC’s new eviction moratorium applied to them, but it didn’t.

Starnes quoted the Sixth District Court of Appeals who struck down the CDC rule. The Sixth District Court has jurisdiction over Tennessee, Kentucky, Ohio, and Michigan. The court ruled that the CDC lacks the authority to implement such a thing as an eviction moratorium. The Supreme Court of the United States also stated this, in writing. The decision Judge Gary Starnes made is 100% backed up by court precedent and written law.

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When the case of the original eviction moratorium that was implemented last fall reached SCOTUS, it was upheld until it expired on July 31st. Justice Brett Kavanaugh was the deciding vote to keep it alive. Kavanaugh wrote an opinion after his vote stating that any extension of the eviction moratorium would require legislation. This means Congress needed to make a law to continue the program. Congress failed to act and the moratorium expired. So the CDC just decided to re-implement the eviction moratorium with essentially the same parameters as the first one.

Paperwork from the CDC’s “new” eviction moratorium clearly states that if a Federal Court strikes down the eviction moratorium, the new rules cannot affect the particular state affected by the ruling. Since the Sixth District Court has jurisdiction over Tennessee, the CDC’s own guidelines exempt Tennessee. And quite frankly, other courts need to stand up against the CDC’s “ruling”. The CDC does not have the power to legislate per the Supreme Court of the United States. Rochelle Walensky and the gang have simply thrown a rule out there with no legal standing. Some states are simply abiding by it simply because they want to, not because they have to. And the private property of US citizens is the casualty in this war of passive aggression.

SOURCES:

New eviction moratorium won’t help you, judge tells families in Hamilton County Thursday | WTVC

Federal Eviction Moratorium Comes To An End, Finally | Anthony Brian Logan

UPDATE: Biden’s CDC Revives Eviction Moratorium For Most | Anthony Brian Logan

About the Court | Sixth Circuit | United States Court of Appeals

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3 COMMENTS

  1. Is there an attendant program in place for the landlords? They still have to pay: Mortgage, Insurance, Property Taxes, Utilities and Repairs and Maintenance on their property, but non-paying tenants remove their source of income (rent) needed to make those payments.

    Next, the landlord loses his property. Who takes/buys it, and are they considered the same as a new lender/mortgage holder, regarding rental agreements? What if the property is condemned for lack of proper upkeep? Who would contract with tenants who refuse/are incapable of paying rent?

    In other words…what is the solution?

  2. That’s something I was wondering. Does the moratorium affect the new owner? I’m assuming it would because it had the power to negate existing contracts. Is it considered an “eviction” if there’s no rental contract in place?

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