CDC filling the role of our legislators

[LFC Comments: Thanks to Lobbyist LesQ for this article. It demonstrates very clearly how our federal government continues to create laws by the ever increasing bureaucracy, and bypassing the legislature.]

*****

https://pacificlegal.org/case/skyworks-ltd-v-centers-for-disease-control/

In early September, the Centers for Disease Control and Prevention (CDC) adopted an order that prohibits certain evictions for non-payment of rent. However, in its haste to enact and enforce a national eviction ban, the CDC overstepped its lawful authority by exercising legislative power reserved to Congress, and it did so at the expense of struggling landlords who often depend on rental income to make ends meet. Represented free of charge by PLF,  Skyworks Ltd.—a company owned by Eric and Lila Wohlwend—along with other Ohio landlords and management companies, filed a federal lawsuit challenging the CDC ban in order to prevent the same unlawful expansion of power by the federal government in the future. Additionally, the National Association of Home Builders (NAHB) joined the suit on behalf of their multi-family-housing members.

In early September, the CDC adopted an order that prohibits certain evictions for non-payment of rent. The agency says that the eviction ban is necessary to curb the spread of COVID-19, but tenants can invoke the ban whether they suffer from COVID-related hardships or not. Tenants must simply provide their landlords a CDC-approved declaration saying that they make less than $99,000 annually, are unable to pay rent because of a loss of income, have tried to obtain government assistance, will try to make partial rent payments, and will be homeless or will have to move in with others if they are evicted. Once they submit a declaration, a landlord cannot evict them.

In its haste to enact and enforce this national eviction ban, the CDC overstepped its lawful authority in several ways.

  1. Congress has authorized the CDC to take certain steps to stop the spread of communicable diseases across state lines, but that doesn’t cover a sweeping action like a nationwide moratorium on evictions.
  2. The CDC is essentially making law, which the Constitution reserves to Congress.
  3. The CDC ignored official rule-making procedures, which require giving notice to affected parties and giving them and the public a chance to comment before the CDC issues official regulations.

The result of all this unaccountable lawmaking? The CDC has targeted and harmed the very people who provide the housing so many Americans depend on—the very people who now allow Americans to practice social distancing during the pandemic. It’s landlords who are actually solving the problem that the government is concerned about. Yet the CDC is now punishing them for saving their money, investing in properties, maintaining those properties, and providing places for people to live.

Owning and running rental housing is a business. As in the case of any business (or job), those who provide the service expect to be paid—and deserve to be paid. Yet the CDC, like many state and local governments, has decided to foist a large part of the burden of the pandemic on a single group. This is both foolish and unjust.

Eric and Lila Wohlwend own and manage rental properties in Canton, Ohio, through their two businesses, Skyworks Ltd. and Clear Sky Realty. One of their newer tenants, who signed a lease over the summer, stopped paying rent in October. The Wohlwends tried to meet with them and work out a payment plan, but the tenant was not responsive. The Wolhwends filed a notice to vacate but were met with a signed CDC declaration saying that the tenant couldn’t pay, with no explanation as to why.

Although the CDC’s eviction ban is set to expire in December, the Wohlwends want to ensure that the federal government cannot ever repeat its unlawful power grab. Represented free of charge by PLF and the 1851 Center for Constitutional Law, Skyworks Ltd., other Ohio landlords and management companies, and the NAHB, are seeking to restore the rights of landlords and the rule of law so that the federal government cannot exercise the same unlawful expansion of powers to enact similar nationwide measures.

WHAT’S AT STAKE?

  • Congress did not authorize the CDC to ban evictions, and the Constitution’s separation of powers does not allow the CDC to make law.
  • Government cannot foist the economic burdens of the pandemic on a single group, landlords who solve the very problem that the government is concerned about: providing housing so that people can socially distance.


Categories: Congress

Tags: ,

17 replies

  1. 585705 918326I was just looking for this information for a while. After six hours of continuous Googleing, at last I got it in your site. 755163

  2. Other companies have developed a long-term code and the best skin.

  3. Then this woman is the energy and the best movement.

  4. Circle and carBut they are very light.

  5. Today’s NATO is very successful.

  6. 637554 714814Its outstanding as your other articles : D, regards for posting . 567640

  7. 70236 125531This post is quite appealing to thinking folks like me. Its not only thought-provoking, it draws you in from the beginning. This really is well-written content material. The views here are also appealing to me. Thank you. 219594

  8. 793358 596650I just want to let you know that Im quite new to weblog and honestly liked this web web site. Much more than likely Im preparing to bookmark your weblog post . You surely come with exceptional articles and reviews. Bless you for sharing your internet site. 381643

  9. 385896 987405Just what I was seeking for, appreciate it for posting . 134767

  10. do you need prescription for canadian perscribition of cialis in usa https://canadacialisstore.com/ cialis canadian

  11. best canadian mail order pharmacies for diet pills https://canadapillstorex.com/ best canadian mail order pharmacies for diet pills

  12. 402166 405271I think so. I think your post will give those folks a excellent reminding. And they will express thanks to you later 502884

  13. 917844 728840Dead written articles , appreciate it for entropy. 342385

  14. Although the CDC’s ban is currently set to expire in December, it will surely be extended indefinitely as big government seeks to take private property from its owners. They should also be seeking compensation under the Takings clause of the U.S. Constitution.

Leave a Reply

Your email address will not be published.

%d bloggers like this: