I stand corrected, apparently they do have the authority and they did do this. I hope people are finally starting to realize that this has nothing to do with the virus anymore. I truly believe that there's something much more sinister going on here.

Yes Johnny B. It is joke and the biggest scam ever released on humanity.

It reads in part:

The national eviction ban was issued under a federal law that gives the CDC director authority to impose measures to prevent the spread of communicable disease “as he [or] she deems necessary.” The provision specifically refers to filling the gaps left by “inadequate” state-imposed public health measures and does not directly mention financial aid or overriding contracts between citizens, raising questions about its legality.

In order to qualify for the eviction protection, a tenant must declare that their 2020 income will fall below the threshold set out in the order; they’ve sought all potential sources of federal housing aid; and that they cannot afford to pay the rent due to a pandemic-related job loss or expense despite their best efforts to do so.

Hey, as a bonus, the ACLU has already started whining that it isn't enough!

Anyway, the way I am interpreting this is the LL files for eviction and, as a defense, the tenant would need to prove that they fit the 4 requirements??

I also just read that we can still evict for breaching other lease clauses, just not for non-payment.

I wonder how long the bank would have to house the deadbeat tenants in a moratorium after they foreclose on the landlords? Different rules for them?

So I just read it and now have more questions than ever. There are several qualifications:

"The tenant has used their best efforts to obtain available government assistance". How do you measure best effort, is it the tenants word? Do they have to document what efforts were taken so that I can suggest others?

"The tenant is not able to pay the full rent due to substantial loss of income". What is the measure of substantial? Is there a set percentage and do they have to prove it?

"The tenant is using their best efforts to make partial rent payments" Does the tenant get to determine if the best effort is being made? What if I can prove they have wasted funds on non-esential items like TV's, furniture, etc. would that nullify their claim?

Finally, for those of us in states that do not allow garnishment, will we be able to garnish against a federal mandate since the state has been taken out of the picture?

This order is going to cause problems. Clearly, they did not seek input from the Landlord community to help clarify and write it where there is some accountability for those tenants that will take take advantage of it. From what I saw, the only one's threatened with fines were landlords, that is just wrong.

There's going to be a massive shakeout in the rental real estate space. I see a pricing reset coming. This directly impacts the values of properties and for all we know, that could be the plan. The only folks who can survive this for an extended period of time are those with long capital or little debt. You actually need both.

Start making out loan papers. Those folks owe you money. Tell them they have to pay on the loan when they get jobs or it will turn into an eviction and ruin their credit. I think if you moved them out you would not find other people with jobs moving anyway. You will get judgements and have a steady stream of income for years from garnishments. I hope. I don't think there are many people out there right now who are working who would move. They have their remote internet etc. and their kids are hooked up to school. So the kids won't move in with grandma and she will get to live another year. If you have a talk with them and they leave, you can't claim any rent money. So think about it.

Seems to me this is a violation of the 4th amendment. The CDC may think they have the right to do this, but I don't see how.

I find it outrageous. I’m really at a loss for words at the sheer violation of the property owner’s rights. And what’s to stop them from extending it into next year? I’m at a loss for words. A business isn’t forced to keep his doors open and merchandise stocked to be given away on credit for months on end. They can close their doors and reduce their losses. How in the world is it possible that a homeowner is required to give away their property free of charge for months on end and be expected to maintain it for the benefit of the tenant as well?

I am beside myself, I most likely will lose my property in that time span if my tenants decide to not pay. Key facts: renters seeking protection, must certify that they are unable to pay their rent because of specific Corona virus. That they are likely to become homeless, and best efforts to obtain government assistance.

This is an excerpt from the order. Looks like there's a carve out for rooming houses. The PA moratorium didn't apply to rooming houses either.

"Residential property” means any property leased for

residential purposes, including any house, building, mobile

home or land in a mobile home park, or similar dwelling leased for residential purposes, but shall not include any

hotel, motel, or other guest house rented to a temporary

guest or seasonal tenant as defined under the laws of the

State, territorial, tribal, or local jurisdiction"

Back in the late 1990's, tenants were given several useful tools to "trick" landlords out of their rents. They would stop paying rent and ignore a landlords request for payment. Then a tenant was given the standard 3 day notice to pay or quit and ignore that too. Finally an eviction lawyer would file a case in court and have the tenant served by a licensed process server.

Next the tenant would contact a "legal clinic" who for a fee, would answer the summons with lies about the habitability of the unit. Then a could days before the court hearing the tenant could contact the "Housing Department" and claim they had no hot water, roaches, rates, no heating and the children caught colds. Housing would go out to inspect and the tenants would put on a good show.

In court the tenants would produce a report from the city, "no heat, limited hot water, bugs, trash and in need of repairs". Of course before the inspector showed up the tenants would run the hot water until the boiler ran out of hot water. The tenants would also blow out the pilot in the furnace so it wouldn't light. The tenants would also place down glue traps where they caught roaches outside by the dumpster.

So in court the landlord would be surprised because the tenants never voice an issue and they never received yet a report from Housing. The judge would order the landlord to fix everything and in the mean time, the tenant was not required to pay any rent...

This is sort of the same thing right now. A tenant will not work because instead they received more money from the State and Federal Government --hand outs. An extra unemployment check. But employers want them back at work but why should they work when they are showered with free money, not taxed.

And since they aren't working, the tenants have time to shop, travel and spend money -- all because they are not required to rent to their landlords.

One of my tenants just bought a used pick up truck from a friend for $2,000, with $5,000. The friend needed money and my tenant already has 2 cars.. he needs a truck like a hole in the head. So what does the tenant do? He parks 2 extra vehicles on the property without permission... Now claiming he can't pay rent. So I had his two extra vehicles towed away last night. He went to the impound yard to pick up is car, not an issue. But when he returned to get the truck, he paid the towing and impound fee's, storage and the City's $100 extra charge. Then when he wanted his truck, since he hadn't gotten insurance or registered the truck in his name, they wouldn't release it... Without a smog certificate he can't transfer the vehicle and get it from the impound yard. The old owner hadn't had insurance either, so my tenant just screwed himself.

On top of this my tenant has $20,000 in his checking account.... His rent, $950 a month...

He now tells me because I had his car towed, he's not going to pay any rent to me ever...

It's not about stopping a virus folks. Most of this stuff never has been.

I don't ever remember going to a doctor or anyone I know going to a doctor who was sick. Getting diagnosed and that doctor saying, "This is a bad one! Whatever you do, don't go to court or move!"

This isn't the CDC's territory. It's not the "center for disease control and housing".

As pointed out several weeks ago and in a few different posts.

This is exactly why we had a revolution. Requiring people to house others for no compensation. Yes it was 1774 and it was the King of England--- it was the Revolutionary War.

Now comes this and taxation without representation. NYC and other cities will be required to allow low income dwelling to be built out side their juristic ion. They will also b permitted to tax those areas -- outside their boundary's for those services. Really -- so now LI has to take people from NYC-- place them in THEIR schools and SUPPY services while the city collects the funds.

PEOPLE WE ARE GOING TO REVOLT.

Mat (PA),

You are going to temporarily raise everyone’s rent and let them know it’s due to the costs you are incurring due to the non-payers you are being forced to house against your will?

Gosh, just imagine if every landlord did that? Such a great idea!

Then again, this will simply happen naturally but giving them that specific reason sounds like a good idea.

Instead of raising rent a modest 2% and stating it is due to increased costs of taxes, insurance and services it could be a 10%-20% increase due to increased costs of taxes, insurance, maintenance products and services and to cover losses incurred due to government overreach requiring landlords to support non-paying tenants due to COVID.

I would also include that my lease termination terms are temporarily being modified and they are free to terminate without penalty by giving 30 days notice.

I do worry now that we have crossed the threshold of eviction moratoriums it will be much easier to do so in the future. Stock market takes a dip? Cancel rent. A military skirmish breaks out? Cancel rent. Gas prices rise sharply? Cancel rent. It’s a very slippery slope.

The CDC is out of line. Most people who are evicted move in with a relative not go to a shelter. They were not concerned about us having masks early on to keep the disease numbers low. They were only concerned with helping the healthcare folks with the huge numbers of sick people. They could have turned off the faucet by figuring out that cloth masks would help. S. Korea figured it out and sent a youtube video here so that our leaders could see the truth.

Knowledge is power:

***********************************

"Titled the “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19,” the moratorium applies only to non-payment of rent, and will not apply to residents who engage in criminal activity, threaten the health or safety of other residents, damage the property, or violate their lease, other than for rent nonpayment. The Order does not forgive rent or prohibit landlords or property owners from charging late fees.

In order to qualify for the eviction protection, the tenant will need to sign a sworn statement, provided by the Agency Order, certifying the following qualifications:

* The tenant has used their best efforts to obtain available government assistance for rent or housing

* The tenant was eligible to receive an Economic Impact Payment (stimulus check) under the CARES Act, or has an annual of no more than $99,000 for an individual, or $198,000 for a family.

* The tenant is not able to pay the full rent due to substantial loss of income, wages, or hours, or because of extraordinary out-of-pocket medical expenses (unreimbursed medical expenses exceeding 7.5% of AGI for the year).

* The tenant is using their best efforts to make partial rent payments.

* The tenant has no other available housing options and if evicted, would need to move into a new residence shared by other people who live in close quarters, or would have to move into a homeless shelter.

.

Source: leadingage.org/regulation/cdc-issues-federal-eviction-moratorium-through-end-year

************************************************

Start inspecting your units. folks, and be sure tenants who decide to pull these stunts know that any and all lease violations not related to rent non-payment will result in eviction. Property damage, excess guests, etc.

This order covers NON-PAYMENT OF RENT ONLY and requires a host of other considerations to be eligible.

"The president is a developer. This plays into his people. Small landlords will go belly up and sell to the big ones. The one's he has done business with for decades"

Just finished reading a draft of the actual moratorium. A few notes:

1) They define "extraordinary medical expense" as "any unreimbursed medical expense likely to exceed 7.5% of one’s adjusted gross income for the year." But that forces you to estimate your income for the year...no way anyone can prove whether that's right or not until the year is over!

2) If the person does not fill out the "declaration" answering the 5 questions in a certain way...so if they have not yet given you the declaration I suppose you could file...but then they'd probably provide it in court and your filing would be denied. See the moratorium for the 5 things they must state.

3) It expressly states "This Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract."

4) It states "Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis". Obviously if you can't get the rent, you likely won't get the fees...but you can keep a tally of them and maybe collect later?

5) Just as trivia...it notes that about 900,000 people are evicted annually in the US.

Oh Jamie- I agree. The landlord who has paid for his property is more aggrieved. Even more of his/her labor is being stolen.

Communists detest LLs. California is largely run now by Communists who believe in Karl Marx's dictum - from each according to his ability; to each according to their need. You have the ability to provide housing and the California communists are redistributing your property to others per their needs... As I've mentioned before, there is a series of futuristic novels describing this - the Jake Strait series, where the LL Protective Association hires "private enforcers" to attempt to reclaim their property in the "no go" zones where no rent is paid . . . The book describes a USA now run by the World (Socialist) Party . . . in a future USA gone to hell... Fiction or reality? Read and decide for yourself...

Available on Amazon ...

Avenging Angel (Jake Strait Book #1) (Jake Strait Bogeyman) Paperback – April 1, 1993

I just sent out a huge envelope--- the 5th today to the presidents election committee.

In extra large letters I put

I'M A "LL" F-U PEOPLE.

NE buying a few masks-- no big whoop! now they want me to house people for free-- house people and fix the places as they break them up and the clincher-- have to go to court for THEM complaining I'm not fixing them fast enough.

posted at another question in case you missed it.

My question is HOW MANY OF YOU WROTE TO THE WHITE HOUSE? How many wrote to your senator? How many wrote their Representative today showing your outrage?

I'm talking strong words not the usual sissy k-rap.

I sent back the 5th envelope to the National Committee with a definitive No way your getting a penny more with these type decisions hurting LL's.

Fact is: you lost my monetary support and my votes.

Back to the going to court for other than rent. I'm a realist and there ain't no way your getting anyone out. I certainly hope you do but the judges aren't stupid and they're definitely not FOR you or me.

I agree with NE about there being more to this and I have from the beginning.

I am thinking that there are more than political reasons as well for T to be allowing this because he is a LL. There are other politicians that are LL's as well. There has to be some way that they are benefiting from this.

I think that if LL's end up trying to garnish all of these tenants then most likely they will all either file BK or the government is just going to say forgive all of there debts because there are too many of them having to file BK.

Hoosier your probable right. My hope is when the numbers are counted-- your type letter will be one of those the assistant says -- "these are the letters against what were doing" as the politicians say-- OH WELL!!

This is a bummer, but the market place needed something to jar those who elected to be less prepared for a market turn.

Not being able to collect for 4,6, 9 months would absolutely stir up the market. Couple that with 9% of all loans being in some form of deferment - I think we have the gun powder......now we just need time for the market to shake out.