Cdc moratorium....

[reenzz]

What is the name of your state? New York.

Can anybody explain to me why the CDC moratorium on evictions has any merit whatsoever. As far as I know the CDC has no legislative power. Am I missing something?

 

[FlyingRon]

The CDC issued the order, but it's backed up with HUD's regulatory authority.

 

[reenzz]

The CDC issued the order, but it's backed up with HUD's regulatory authority.

So Ben Carson allowed the moratorium?

 

[Taxing Matters]

Can anybody explain to me why the CDC moratorium on evictions has any merit whatsoever. As far as I know the CDC has no legislative power. Am I missing something?

The CDC claims its authority for the moratorium order comes from 42 U.S.C.§ 264. That's a real stretch and I think it likely that the courts would not enforce it. The operative part of that section, subsection (a), reads:

(a) Promulgation and enforcement by Surgeon General​

The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.​

The CDC further points to a delegation order that allows the CDC to invoke that provision. See 40 CFR 70.2.

I think the Department of Justice (DOJ), which is the agency that would have to seek any fines or other sanctions for violating that Code section, would be hard pressed to convince a court that a moratorium on evictions is at all useful in preventing the spread of the virus, let alone preventing the spread of it from state to state. It's pretty thin justification for the order.

 

[adjusterjack]

Besides, state and local governments have issued their own moratoriums under whatever power their leaders believe that they have. And their courts are following suit by refusing eviction filings.