The reinstatement of the federal eviction moratorium on Tuesday came as a relief to progressives, but for White House officials it was just the initial weapon of a 60-day sprint to distribute billions in rental aid, in a shocking race that could be stopped by the courts. in every moment.
President Bidens’s decision to implement a new freeze to replace the moratorium that expired on Saturday was a risky strategy aimed at restoring the legal clock by creating a new initiative that had not yet been challenged by the owners.
But while most key administration players signed the tactic after legislative efforts to prolong the freeze failed, some in the administration believed such an attempt could jeopardize the administration’s authority to take action during future health emergencies.
On Wednesday, White House press secretary Jen Psaki acknowledged the legal fragility of the new extension, which came after a June Supreme Court ruling in which Judge Brett M. Kavanaugh issued an explicit warning to administration not to extend the moratorium beyond July 31 without congressional approval.
“We do not control the courts, we do not know what they will do,” she said. Psaki reporters at the White House.
But the decision, she added, was necessary and represented Mr Bidens’ message to tenants that he shares their concern and wants tenants to be able to stay in their homes.
The new eviction ban signed by the Centers for Disease Control and Prevention is scheduled to end on October 3 and is narrower than the first, limited to areas facing significant threats from the Delta variant of the coronavirus.
But it will still cover about 90 percent of tenants across the country. And one of its main goals is to buy more time to set up the troubled Emergency Rental Assistance program, which has so far allocated just $ 3 billion of the $ 47 billion planned by Congress to pay the rent. accumulated during the pandemic.
But the effectiveness of the massive program, which aims to prevent the eviction of millions of tenants, ultimately relies on the efforts of local officials and the removal of bureaucratic hurdles that often come down to details, such as providing state aid applications that are easy to complete.
On Wednesday, the Treasury Department posted a series of application forms, based on simple documents used in Virginia and other states, aimed at speeding up the pace of payments.
Landlords and conservatives opposed the decision to extend the ban, arguing that it violates constitutional property rights and denied landlords access to their main mechanism for dealing with tenants who will not pay rent or do not follow the rules.
The sad reality for many smaller landlords whose liabilities continued during the pandemic as rents were not being collected is that they can never collect arrears from the tenants they judge, Joel Zinberg, a senior fellow at the Enterprise Competitiveness Institute, a conservative center in Washington, says an email.
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