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Re: Donotunderstand post# 692157

Saturday, 08/14/2021 12:23:23 PM

Saturday, August 14, 2021 12:23:23 PM

Post# of 797129
"Landlord-tenant disputes can be bitter. Ms. Santucci's lawyer, Glenn Michaelson, has urged his client not to apply for rental-arrears funding available through New York's Emergency Rental Assistance Program. "The two women are mortal enemies," he says. "I'm not going to do you any favors in this situation. ... I'm not filling out paperwork to enable the landlady to get this ERAP." Ms. Morey's lawyer, Mindy Roman, says her client would be reluctant to accept such government funding because it could complicate legal efforts to evict Ms. Santucci.

Under a nationwide moratorium issued by the Centers for Disease Control and Prevention, landlords can face fines or jail time for evicting tenants who fall below an income threshold and cite Covid hardship for their failure to pay rent. Justice Brett Kavanaugh wrote in June that the CDC had "exceeded its existing statutory authority" with the moratorium, but he joined four colleagues to let the ban stand until it expired "in only a few weeks." The CDC extended the moratorium anyway, and on Friday a federal district judge declined to block it. The justices are likely to revisit the question."

From todays WSJ.

Ever been to a Landlord Tenant eviction proceeding at the courthouse?

In Cedar Point Nursery, the SCOTUS said last term that private property rights include the right to exclude others, while I understand the Cov 19 is a historical public health crisis, does it preclude the US Constitution from protecting the "evil landlords" property rights? Tough question and the majority of courts so far have said yes or delayed making these tough decisions...