D.C.'s eviction filing moratorium doesn't pass 'constitutional muster,' judge rules

[TexasTowelie]

As economic pressure tightens on both renters and landlords in the coronavirus pandemic’s ninth month, a court ruling Wednesday struck down a key provision in the District’s plan to keep renters safe from eviction.

In a 40-page ruling, D.C. Superior Court Judge Anthony Epstein released an order ruling the District’s moratorium on filing new eviction cases “does not pass constitutional muster.”

The city’s moratorium on eviction filings denies “property owners their day in court for an extended indefinite period” and therefore violates the owners Constitutional right to “regain possession of their property in a summary proceeding," the judge found.

However, Epstein pointed out that his ruling will for now only have a limited impact on the number of cases within the city limits — 458, according to the order.

Read more: https://www.washingtonpost.com/dc-md-va/2020/12/16/dc-eviction-filing-moratorium-coronavirus-lawsuit/

[Karadeniz]

1. I hope they have friends or family to move in with... Way too cold for the car or streets.

[TomSlick]

2. It won't be popular here but the judge is right.

If the government correctly decides that public policy requires a moratorium on evictions during the pandemic crises, then the government must make the rent or mortgage payments. Otherwise it is an uncompensated "taking" by the government and contrary to Fifth Amendment. "Nor shall private property be taken for public use, without just compensation.”

Remember, not all landlords are big corporations. Some are just folks who depend on rental income and have mortgages to pay, whether or not they are receiving rent payments.