Biden Eviction Moratorium

[Greg Scott]

Today Joe Biden outlined his $1.9 trillion stimulus plan. Included was a proposal to enact a federal ban on evictions through September of 2021.

Talking recently with our attorney, he felt eviction moratoriums were illegal and unconstitutional.  A lease is effectively a contract between two parties.  An eviction happens when one party (the resident) does not uphold their end of the contract.  According to my attorney, an eviction moratorium has the net effect of withholding access to the legal system for one party in this contract.

In contrast, the CDC's opinion was that the eviction moratorium was necessary to curb the spread of COVID because those that are evicted may become homeless and spread infection more quickly.

Do you feel eviction moratoriums are unconstitutional or that owners have an obligation to society to not evict during this pandemic?