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Ohio counties band together in rejection of Biden’s ‘unlawful’ eviction moratorium extension

August 6, 2021 | | Print Article

Franklin County, Ohio, has announced that it will not comply with the Centers for Disease Control and Prevention’s recent 60-day eviction moratorium extension.

Under President Joe Biden’s direction, and pressure from U.S. Rep. Alexandria Ocasio-Cortez, D-N.Y., and other members of “the squad” — who believe housing is a human right — the CDC announced the extension even though the courts have already ruled the agency lacked authority.

Franklin County Municipal Court Administrative and Presiding Judge Ted Barrows announced Thursday that the county will not comply, citing the appeals court ruling last month, The Columbus Dispatch reported.

Landlords with tenants who have filed for a stay of eviction proceedings under the moratorium cannot immediately evict those tenants, the newspaper said, adding that they “will have to file a motion to lift the stay and state what further proceedings they feel are appropriate.”

“People talk about millions of people being set out and homeless and flooding shelters,” Barrows said. “That’s apocryphal. You’re hearing that from advocates who have a certain point of view. It’s hard to characterize this (decision) as a disaster.”

Franklin County was not the only county in Ohio to reject the extension, the Dispatch reported. Toledo Housing Court Judge Joseph Howe said his court would abide by the appeals court decision and not honor the moratorium. Hamilton County Municipal Court followed suit, with judges voting to not comply with the moratorium.

The 6th U.S. Circuit Court of Appeals at Cincinnati ruled in July that the Centers for Disease Control and Prevention lacked authority to impose an eviction moratorium on rental properties. A three judge panel unanimously upheld the lower court ruling, finding the CDC overstepped its authority when it issued the moratorium last year, Reuters reported.

“While landlords and tenants likely disagree on much, there is one thing both deserve: for their problems to be resolved by their elected representatives,” Judge Amul Thapar wrote in a concurring opinion.

Biden all but acknowledged Thursday that the CDC does not have the constitutional authority, stressing that by the time the courts intervene, millions of dollars will have been administered to renters

“I can’t guarantee you the court won’t rule that we don’t have that authority but at least we’ll have the ability to, if we have to appeal, to keep this going for a month, at least. I hope longer,” the president said, according to Real Clear News White House reporter Philip Wegmann.

Biden understands no one’s going to hold him accountable for trampling the law to essentially buy votes before the courts step in.

Here’s a quick sampling of responses to the story from Twitter:

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