The Wrongologist

The Daily Escape

Mt Rainer at sunset, Paradise, WA – July 2021 photo by regulader. 

There’s a political crisis brewing for Democrats in the form of the now-lapsed eviction moratorium. Progressive Democrats are angry at mainstream Dems like Pelosi and Biden for failing to extend the moratorium that expired on August 1.

The moratorium was put in place 18 months ago by the CDC. It has been popular with tenants, but many of them never caught up on their bills, and/or figured out how to access the aid promised under the moratorium.

Landlords sued to end the moratorium, and last month, the Supreme Court allowed the moratorium to remain through the end of July. But at the time, Justice Kavanaugh wrote that any further extensions would require “clear and specific congressional authorization” via new legislation.

While Kavanaugh said that a further extension of the moratorium would require Congressional action, that wasn’t the issue before the court. The issue before the court was whether to vacate a lower court stay. Their decision left the moratorium in place. When a judge expresses views beyond the specifics of the case, it is known as dicta, and is not binding.

So, the administration actually was free to extend the moratorium, and assuming the extension was later challenged in court, they could argue to the Justices that circumstances have changed. Here’s Judd Legum: (parenthesis by Wrongo)

“First, the Delta variant has made it more dangerous to allow millions of evictions to proceed voluntarily. Second, the time that Kavanaugh thought would allow for the orderly distribution of the funds (one month) has not been sufficient.“

But instead, Biden wanted Congress to act. The Congressional Democrats launched an effort to extend the ban, but the House adjourned last Friday without passing a bill. Senate Democrats were also pushing for an extension but didn’t have enough support that would lead to passage.

And now, the Biden administration is in a bind. Moderate Democrats along with Republicans, do not want to see the moratorium extended. Biden doesn’t want it extended either, so maybe we’ll see a deluge of evictions. From The Guardian:

“More than 15 million people live in households that owe as much as $20 billion to their landlords, according to the Aspen Institute. As of July 5, roughly 3.6 million people in the US said they faced eviction in the next two months, according to the US Census Bureau’s Household Pulse Survey.”

On Sunday, Pelosi and other House leaders said that action extending the moratorium “must come from the Administration.” They said that extending the moratorium “is a moral imperative to keep people from being put out on the street which also contributes to the public health emergency.”

But it’s hard for Democrats to hold the moral high ground when they refuse to stand on it. The House hasn’t interrupted its 7-week recess to address the issue.

Progressive Democrats are up in arms. Last weekend, Rep. Cori Bush (D-MO) led a protest on the Capitol steps to get the attention of her colleagues and the country. She wants Congress to reconvene and extend the national eviction moratorium.

What we’re seeing here is the political power of a freshman Congressperson. Bush has the attention of the media as she sits outside the Capitol. That means the administration and senior Democrats are paying attention. These kinds of political stunts rarely work, but since the Dems are in control of the government, albeit with very slim margins, everything needs to be taken seriously.

OTOH, eviction is purely a state/local process. It’s very difficult to really do much at the federal level. Also, landlords deserve to be paid, and able-bodied renters need to pay their bills. That’s how our system works.

The fact is that tenants and by extension, landlords were promised help and haven’t gotten it. The pandemic has caused a cascade of negative consequences at all levels. But $ billions of taxpayer funds are unused, and available to help landlords, if only they could avail themselves of the opportunity.

The system is set up to convey the payments to landlords, but renters must apply for the money, and too few either know about it, or have availed themselves of the program.

The White House won’t step in. The Dems in the House and Senate can’t be bothered to delay their trips to the Hamptons and the Vineyard to solve the problem. The Republicans, the so-called party of Christianity, will do nothing to help.

Who’s left? AOC and Cori Bush on the steps of the Capitol?

There are rumors that Biden is finally going to do something about this, but no details yet, as of this writing.