The Eviction Moratorium’s Expiration: Our Government Failed Us!
This op-ed highlightes how the federal government failed the American people in allowing the eviction moratorium to expire; and how state and local governments can step up to protect renters.
By: Ian L. Courts¹
40,000,000 . Forty-Million. 40 million Americans are at risk of eviction because the United States government failed to do its central job “govern for the general wellbeing of its citizens.” The U.S. federal government had the ability and opportunity to extend the federal eviction moratorium on multiple occasions, and they did not. Right now, the political talking heads are pointing fingers at Congress, the White House, and the Supreme Court. However, the blame does not lie with one branch; it falls on all three branches and both political parties. Now is the time for state governments to stand up for the people.
Congress:
Congress could have passed legislation protecting renters and ensuring that landlords would not have to bear a significant financial burden while doing the humane and moral thing of providing affordable housing for hurting people in the middle of a raging Pandemic. Moreover, Congress could have passed legislation to extend the federal eviction moratorium aside from the Center for Disease Control (CDC). Not only did Congress not do either of these things, but they also waited on the White House to unilaterally extend a moratorium they clearly had no interest or guts in doing. Representatives Maxine Waters, Cori Bush, and Alexandria Ocasio Cortez are taking to the streets and demanding Speaker Pelosi, Major Leader Schumer to do something. However, though I support these demonstrations at this point, they are a little too late and are falling on deaf ears. Actual votes and partisanship so gridlock congress that they are incapable of doing the right thing and protecting American citizens. When big business was in a financial crisis, Congress acted to protect them, claiming they were “too big to fail.” Now that the American people need assistance, Congress shrieks and points fingers while the average man and woman fail. Congress, you bear responsibility for this failure.
White House:
The Biden-Harris Administration, under which the CDC operates, knew that the Supreme Court would have been hesitant at best to extend the eviction moratorium and failed to have a contingency plan in place. Moreover, after SCOTUS decided to curtail the CDC’s authority to extend the federal eviction moratorium, the Administration obfuscated when asked about its position on extending the moratorium. Now, the Biden-Harris Administration is pointing fingers at Congress and revealing in the twilight hour that they will not extend the moratorium and that Congress should act. Let me be clear, I support the Administration and believe our country needed them, but this was a failure on the part of the White House. President Biden, you let the American people down by your failure to anticipate and plan accordingly, and then your failure to act to remedy the situation. White House, you bear responsibility for this failure.
Supreme Court:
The Supreme Court acting along ideological lines with the conservative majority leading the way, ended the CDC’s eviction moratorium and placed 40 million Americans in jeopardy of eviction. The United States Supreme Court set in motion by its decision the current eviction crisis. Now, Congress and the White House could have acted to protect American families, but they did not. However, the Supreme Court cannot hide behind legal precedent and originalism to avoid its responsibility in ending the eviction moratorium, ultimately leading to American citizens being thrown in the streets. SCOTUS, you bear responsibility for this failure.
State Governments Should Act Now
Now, despite our federal government’s abject failure in leadership on this issue, all hope is not entirely lost. Our American system of federalism gives great authority to state governments to govern their own citizenry. Here is how our state governments can step up and assist in alleviating the effects of the eviction moratorium’s ending:
State Legislatures:
State Legislatures can pass state statutes that protect renters and prohibit landlords from unilaterally throwing people out who cannot pay their rent due to the pandemic’s ravaging effects on our economy. Additionally, the Legislatures can provide state relief and funding to landlords to help alleviate the economic burden they incur by providing affordable and livable rental residency so that they do not have to resort to evicting people in need. Simply, state legislatures can act now to protect the American public and show forth their abilities to govern for the public welfare.
State Courts:
The reality is that most eviction proceedings are state legal proceedings taking place in state courts. State Courts have the authority to impose state eviction moratorium and refuse to order evictions. State Courts are endowed with the jurisdiction to delay and deny eviction proceedings and provide alternative relief methods for landlords that do not include evictions. State Court here is an opportunity to ensure that justice and fairness are the standards in our courts and that our legal system actually protects the most vulnerable in society.
Municipalities:
Cities, counties, and townships can pass temporary emergency orders and ordinances halting eviction proceedings. Moreover, local governments can provide some funding to renters and landlords to assist them during this pandemic. Local governments have limited resources but abundant potential opportunities to create solutions for local homelessness and rent relief.
It is clear that our federal government has failed us; however, all hope is not lost, our state governments can step up to the plate to protect their citizens and act morally. To the millions of my fellow citizens who are going through eviction proceedings, know that I am praying with you and fighting alongside you. Our government has let us down, but we can hold them accountable through voting on every level and demanding the change we want in the streets. Economic justice for all, and that justice now!
[1]: About the Author: Ian Courts is a young millennial attorney with expertise and a passion in American and international law and politics. Ian received his BA in Political Science from the University of North Carolina at Greensboro in 2017, in 2020 he received his J.D. from North Carolina Central University School of Law, and in 2022 Ian received his LLM in International Criminal Law and Justice from the University of New Hampshire School of Law. Ian lives in Philadelphia where he is an appellate lawyer and the proud fur-dad of two American Cocker Spaniels.
