May. 5th, 2021

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Comes news today that a Federal judge overturned the CDC's national ban on evictions. Now, I think a ban on evictions during a pandemic in which we order people to stay at home is a good idea. However, I think the decision was (sadly) inevitable and probably right.

First, landlords, be they giant corporations or Small-time Joe / Jane, have bills, most notably the mortgage on the property. No rent and no way to get somebody in to pay rent unfairly puts the landlord in a financial bind. Second, I'm not at all clear where the CDC gets to impose a ban for now a year and change. A short-term, 30 or 60 day ban? Maybe.

What really should have happened was that Congress bestir itself and pass legislation that protected both tenants and landlords. A simple, logical and relatively low-cost way to do this would have been to pass legislation deferring evictions and foreclosures for a period of time. The mortgage notes would have been extended by the number of months of the emergency, with the payments tacked on at the end.

Alas, anything that requires a Republican-controlled Congress to bestir itself has a snowball's chance in hell of happening. So now we get the worst of both worlds - bankrupt landlords evicting people in the tail end of a pandemic.

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