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Texas courts defy CDC eviction pause
Posted on 4/9/21 at 2:11 pm
Posted on 4/9/21 at 2:11 pm
Some Texas state courts are openly defying a federal order to halt evictions amid the coronavirus pandemic, even as the state sits on more than $1 billion in undistributed federal rental aid with more assistance from Washington on its way.
New guidance issued by a state judicial advisory panel has given a green light to Texas courts presiding over eviction cases to disregard a moratorium from the Centers for Disease Control and Prevention (CDC) that temporarily halts evictions through June.
The Texas Justice Court Training Center (JCTC), which publishes non-binding advisory opinions to Texas judges, said the CDC’s order should not be considered governing law in eviction cases.
“It is not a matter that a justice court can or should enforce in the absence of authority from the Texas Supreme Court,” read JCTC guidance of March 31, the day the Texas Supreme Court’s emergency order expired. LINK
New guidance issued by a state judicial advisory panel has given a green light to Texas courts presiding over eviction cases to disregard a moratorium from the Centers for Disease Control and Prevention (CDC) that temporarily halts evictions through June.
The Texas Justice Court Training Center (JCTC), which publishes non-binding advisory opinions to Texas judges, said the CDC’s order should not be considered governing law in eviction cases.
“It is not a matter that a justice court can or should enforce in the absence of authority from the Texas Supreme Court,” read JCTC guidance of March 31, the day the Texas Supreme Court’s emergency order expired. LINK
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Posted on 4/9/21 at 2:17 pm to Jbird
Time to start calling bullshite on entirety of CDC, WHO, Biden executive orders, masks, social distancing etc
Posted on 4/9/21 at 2:19 pm to Jbird
So what you're saying is the CDC is another government agency that acts with bias and has been enabled by the left to circumvent the law?
Everything the government touches is pure shite.
Everything the government touches is pure shite.
Posted on 4/9/21 at 2:19 pm to Jbird
At some point your Constitutional property rights have to kick in.
Posted on 4/9/21 at 2:21 pm to Jbird
Good. Issue the forcible detainer order (eviction) and make them appeal to the county court.
Hint: They won't.
Hint: They won't.
Posted on 4/9/21 at 2:22 pm to Jbird
So if you're a landlord, the federal government has confiscated your property without - in many cases - adequate compensation. Sounds like a lawsuit over illegal eminent domain use to me.
Some pedophile liberal judge will toss the case, though.
Some pedophile liberal judge will toss the case, though.
This post was edited on 4/9/21 at 2:23 pm
Posted on 4/9/21 at 2:23 pm to Jbird
I'm incredibly pleased that states like Texas, Florida and Mississippi are drawing firm intelligent conservative lines and being loud about it.
Things like this will hopefully stem the spread of liberal leeches into our communities.
Things like this will hopefully stem the spread of liberal leeches into our communities.
Posted on 4/9/21 at 2:24 pm to Jbird
quote:
even as the state sits on more than $1 billion in undistributed federal rental aid
So why is the State of Texas just sitting on $1B that is there to help property owners whose tenants are behind in their rent?
The people in all this who are getting hurt are the property owners who still have mortgages, insurance, taxes, and other obligations to pay, even though rents may not be coming in. And the state is just sitting on that money and not distributing it? WTF?
Sure, maybe one can debate whether or not the feds should provide aid, or whether or not landlords should be able to evict. But WTF isn't the state distributing this money that has already been allocated by the feds? Get the money to where it's supposed to go.
Posted on 4/9/21 at 2:26 pm to TrueTiger
quote:
At some point your Constitutional property rights have to kick in.
As a guy who has owned multiple rental properties, I agree 100%.
But I'd a helluva lot rather the state get that money distributed and I get paid so that I don't have to evict anyone.
Posted on 4/9/21 at 2:27 pm to BamaGradinTn
quote:Who applies for the rent assistance the owner or the tenant?
But I'd a helluva lot rather the state get that money distributed and I get paid so that I don't have to evict anyone.
Posted on 4/9/21 at 2:27 pm to BamaGradinTn
quote:
But WTF isn't the state distributing this money that has already been allocated by the feds? Get the money to where it's supposed to go.
The money isn’t going directly to property owners. It’s going to renters who aren’t spending it on rent.
This post was edited on 4/9/21 at 2:28 pm
Posted on 4/9/21 at 2:28 pm to Jbird
quote:
But I'd a helluva lot rather the state get that money distributed and I get paid so that I don't have to evict anyone.
Who applies for the rent assistance the owner or the tenant?
The tenants, I'm certain.
Posted on 4/9/21 at 2:28 pm to BamaGradinTn
quote:That you can't evict.
The tenants, I'm certain.
Posted on 4/9/21 at 2:29 pm to TigerOnTheMountain
quote:
But WTF isn't the state distributing this money that has already been allocated by the feds? Get the money to where it's supposed to go.
The money isn’t going directly to property owners. It’s going to renters who aren’t spending it on rent.
Easily fixable. Instead of cash, give them a voucher that the landlord has to cash.
Posted on 4/9/21 at 2:30 pm to BamaGradinTn
Going to need another billion to cover the cost of that.
Posted on 4/9/21 at 2:31 pm to Jbird
quote:
The tenants, I'm certain.
That you can't evict.
I know I can't. That's the fricking point. Either distribute the money in the form of a voucher that only the landlord can cash, or distribute it directly to the landlord. Either the tenant or landlord supplies the government with the landlord's bank info, so the landlord gets paid directly.
$1B of unused cash shouldn't just be sitting there. This isn't a difficult problem to fix.
Posted on 4/9/21 at 2:32 pm to TigerOnTheMountain
quote:
Going to need another billion to cover the cost of that.
It's going to take an extra billion for the feds to transfer the money to me instead of the tenant?
Posted on 4/9/21 at 2:33 pm to BamaGradinTn
quote:It was created to funnel more cash into people's hands, not the landlord's hands. If they wanted it to work they would have made it so.
This isn't a difficult problem to fix.
Posted on 4/9/21 at 2:39 pm to BamaGradinTn
If you want to use a voucher system to distribute the cash to tenants it will. Think about all of that paper, ink, and newly commissioned departments needed to facilitate
Posted on 4/9/21 at 2:39 pm to Jbird
quote:
Who applies for the rent assistance the owner or the tenant?
The tenant does, unfortunately. I have a bunch who haven’t paid and only one even trying to get the assistance
The rest are sitting around saying “you can’t evict me”
This post was edited on 4/9/21 at 2:40 pm
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