Federal judge rules eviction moratorium is unconstitutional

By Konstantin Toropin and Paul LeBlanc, CNN

Updated 12:38 AM ET, Fri February 26, 2021

(CNN) A federal judge in Texas on Thursday ruled that the federal moratorium on evictions is unconstitutional, according to court documents. 

US District Judge John Barker, who was appointed by then-President Donald Trump to the court in the Eastern District of Texas, stopped short of issuing a preliminary injunction, but said he expected the US Centers for Disease Control and Prevention to respect his ruling and withdraw the moratorium. 

"The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium. It did not do so during the deadly Spanish Flu pandemic. Nor did it invoke such a power during the exigencies of the Great Depression. The federal government has not claimed such a power at any point during our Nation's history until last year," Barker wrote. 

Although the Covid-19 pandemic persists, he said, "so does the Constitution."

The ruling punctuates a legal effort that began when a group of Texas landlords and property owners sued the CDC and the Department of Health and Human Services in October over the Eviction Moratorium Order that was issued by the Trump administration in September. 

The order, citing the fact that "COVID-19 presents a historic threat to public health," put a temporary halt on residential evictions.

But the property owners argued in their lawsuit that the federal government didn't have the power to stop evictions. Barker sided with that argument, writing in his ruling that Congress also lacked the authority to grant the CDC the power to halt evictions nationwide, and noted that the moratorium threatened to encroach on landlords' rights under state law.

The plaintiffs were represented by two conservative legal groups, the Texas Public Policy Foundation and Southeastern Legal Foundation, which hailed the decision as a win.

"The CDC attempted to use COVID-19 as an opportunity to grab power and the court rightfully corrected this egregious overreach," Robert Henneke, one of the lawyers in the case and general counsel for the Texas Public Policy Foundation, said in a statement.

The Department of Justice declined to comment when reached by CNN. It is not clear if the agency plans to appeal the case.

Initially, the CDC order was set to expire at the end of December, but it was extended through January by a provision in the second stimulus package. One of President Joe Biden's first acts in office was to seek to extend the moratorium again, until the end of March.

The order is invoked when a tenant gives their landlord a signed declaration asserting that they meet specific requirements -- including that they earn less than $100,000 a year, have experienced a significant loss of income and have made their best effort to find rental assistance and pay their rent.

Under the order, rent is not canceled or forgiven and landlords can evict tenants after the moratorium ends if they are not able to pay the back rent. 

In some jurisdictions, existing tenant protections might be greater than what is offered in the CDC's moratorium.

An estimated 10 million renters were behind on their rent and at risk of eviction in the middle of January, according to a Census Bureau survey. And an estimated 16 million renters had little to no confidence they could pay their rent in February.

5 Surprising Things You May Not Know About Working With a Direct Buyer to Sell Your House in DC, Maryland and Virginia

 

When it is time to sell, hold the phone! Do not automatically jump to reaching out to a real estate agent to begin the traditional listing process. There is a better option than going it alone! As with every other industry, the methods available to sell homes have evolved, leading to direct buyers like Maryland House Pros, LLC in DC, Maryland and Virginia . We will cover five surprising things you may not know about working with a direct buyer to sell your house in DC, Maryland and Virginia.

No Showings

Showings can be the worst part of listing a home. Homes listed on the market, and everything within them, are available for anyone on the internet to view. If having people walking through your home in person or virtually is something you would rather skip. By working with a direct buyer to sell your house in DC, Maryland and Virginia  you do not have to worry about scheduling showings, keeping your home ready for showings every moment of the day, and continuously having your weekends or dinner time interrupted.

We Buy As-Is

Prepping a home for a traditional real estate listing can be a great deal of work and expense. An agent will also order an inspection. There may be major repairs that require completion before closing, which come out of your pocket. Unless your home is in perfect or near-perfect condition, handing over the risks, costs, and hassles of repairs by working with a direct buyer to sell your house in DC, Maryland and Virginia makes more sense, and you won’t even have to clean up before you leave. 

We Pay Great Prices

Something you may not be aware of is that you will get a fair price by working with a direct buyer like Maryland House Pros, LLC to sell your house in DC, Maryland and Virginia  A direct buyer like Maryland House Pros, LLC will offer incredibly fair prices and takes the time to explain our process thoroughly. When you agree that the price is fair, you can be confident that the offer is the actual amount a direct buyer like Maryland House Pros, LLC will pay you in cash.

We Close Fast 

With a network of industry professionals behind the scenes, you get an entire team when you work with a direct buyer like Maryland House Pros, LLC to sell your house in DC, Maryland and Virginia is something you may not be aware of. There is no guarantee if your home will sell with a traditional listing, if you face personal or financial adversity that requires you to relocate and you need the cash from your home sale quickly, they can quickly purchase homes and make you an offer on the spot. Because we pay cash, there is no inspection, appraisal, or mortgage lenders red tape to untangle; the majority of deals can close in 30 days or less from the time of the initial meeting!

It’s Easy

The simplicity of working with a direct buyer to sell your house in DC, Maryland and Virginia is something you may not be aware of. Our contracts are straightforward, and we walk you step by step through the process, explaining every step of the way, without all of the complications of listings. There is no stress, and there are no commissions for you to try to avoid by taking on all of the expenses, responsibilities, and risks of selling on your own. 

Maryland House Pros, LLC makes selling homes as easy as pie, saving your time and money! Maryland House Pros, LLC is happy to answer any questions you may have about working with a direct buyer and the many surprising things you may not know about working with a direct buyer to sell your house in DC, Maryland and Virginia  Why not send us a message or call Maryland House Pros, LLC at (240) 389-4319 for your offer right now!

The diverse history of Historically Black Colleges and Universities.

While Jewish and African American communities have a tumultuous shared history when it comes to the pursuit of civil rights, there is a chapter that is often overlooked. In the 1930s when Jewish academics from Germany and Austria were dismissed from their teaching positions, many came to the United States looking for jobs. Due to the Depression, xenophobia and rising anti-Semitism, many found it difficult to find work, but more than 50 found positions at HBCUs in the segregated South.

Originally established to educate freed slaves to read and write, the first of the Historically Black Colleges and Universities was Cheyney University in Pennsylvania, established in 1837. By the time Jewish professors arrived, the number of HBCUs had grown to 78. At a time when both Jews and African Americans were persecuted, Jewish professors in the Black colleges found the environment comfortable and accepting, often creating special programs to provide opportunities to engage Blacks and whites in meaningful conversation, often for the first time.

In the years that followed, the interests of Jewish and African American communities increasingly diverged, but this once-shared experience of discrimination and interracial cooperation remains a key part of the Civil Rights Movement.

Image: Melrose Cottage, built in 1805, Cheyney University of Pennsylvania. 

One in four cowboys was Black, despite the stories told in popular books and movies.

 

In fact, it's believed that the real “Lone Ranger” was inspired by an African American man named Bass Reeves. Reeves had been born a slave but escaped West during the Civil War where he lived in what was then known as Indian Territory. He eventually became a Deputy U.S. Marshal, was a master of disguise, an expert marksman, had a Native American companion, and rode a silver horse. His story was not unique however.

In the 19th century, the Wild West drew enslaved Blacks with the hope of freedom and wages. When the Civil War ended, freedmen came West with the hope of a better life where the demand for skilled labor was high. These African Americans made up at least a quarter of the legendary cowboys who lived dangerous lives facing weather, rattlesnakes, and outlaws while they slept under the stars driving cattle herds to market.

While there was little formal segregation in frontier towns and a great deal of personal freedom, Black cowboys were often expected to do more of the work and the roughest jobs compared to their white counterparts. Loyalty did develop between the cowboys on a drive, but the Black cowboys were typically responsible for breaking the horses and being the first ones to cross flooded streams during cattle drives. In fact, it is believed that the term “cowboy” originated as a derogatory term used to describe Black “cowhands.” 

Image: Bass Reeves, The first African-American US Deputy Marshal

Is it Illegal to Purchase a Home In Pre-Foreclosure in the State of Maryland?

Maryland enacted the Protection of Homeowners in Foreclosure Law (PHIFA) which has various rules restricting investors privately approaching homeowners in foreclosure to buy their home.

 

Q – Is it Illegal to Purchase a Home In Foreclosure in the State of Maryland? 

A – NO! The Protection of Homeowners in Foreclosure Act of 2005, also known as (a/k/a) SB-761, and “The Maryland Foreclosure Law”, was passed by the Maryland Legislature and Signed into Law by Governor Ehrlich to protect homeowners from mortgage and foreclosure scams. The law specifically allows for Foreclosure Purchasers to purchase homes in foreclosure from homeowners. HOWEVER, the intent of the Legislature was to prevent investors who purchase foreclosures from dealing directly with homeowners and spells out the need for a “Foreclosure Consultant” to assist the homeowner and to provide for a true “arms-length” third-party to protect the interests of the homeowner(s) in dealing with investors seeking to purchase their homes during a time of foreclosure. Foreclosure investing continues to be completely legal (and profitable) for investors; however, it must be done in accordance with the Maryland Law. 

Q – How Does One Become a Maryland Foreclosure Consultant? 

A – The Protection of Homeowners in Foreclosure Act of 2005, also known as (a/k/a) SB-761, and Maryland Foreclosure Law, spells out specific tasks, which if performed by a person contacting a Maryland homeowner in foreclosure constitute acts of being a “Foreclosure Consultant”. In other words, what you do makes you a Foreclosure Consultant under the law and not necessarily what you put on your business cards. The problem, of course, is that as a “Foreclosure Consultant”, it is against the law to then turn around and purchase the home from the homeowner. 

Q – Can I be BOTH a Foreclosure Consultant and a Foreclosure Purchaser? 

A - The Protection of Homeowners in Foreclosure Act of 2005, specifically prohibits persons who act as Foreclosure Consultants from also being Foreclosure Purchasers within the same transaction. Unfortunately, the law as is currently written is unclear as to whether a Foreclosure Consultant can also become a Foreclosure Purchaser on different transactions. HOWEVER, the law does go to great lengths to spell out that a Foreclosure Purchaser can not use the services of a Foreclosure Consultant who is a family member, a blood relative, a spouse, or an entity controlled by the Foreclosure Consultant or related persons. In short, the law seeks to place a “WALL” between the Foreclosure Consultant and the Foreclosure Purchaser in an effort to protect the interests of the homeowner. Therefore, it is prudent to pick which side of the fence you want to be on. There is nothing in the law currently, which prohibits a Foreclosure Consultant from becoming a Foreclosure Purchaser in the future. 

Q – What are the penalties for breaking the law? 

A – Currently the law states that the penalties for infringement are a fine, up to $10,000, per occurrence and up to 3-years in jail, also per occurrence, Note: someone who breaks this law could unknowingly commit multiple occurrences of violating the law on one transaction. 

Q – Besides a $10,000 fine [per occurrence] and 3-years jail time [per occurrence] are there any other penalties to be aware of?
A – Yes, in addition to any criminal charges, an investor who violates the law will probably also face a civil suit in one of Maryland’s Circuit Courts. Specifically, In February 2006, Judge Steven I. Platt of the Circuit Court for Prince George's County, Maryland, issued an opinion and order in the case of Tommie Mae Smith v. Vincent Abell that the “investor” pay to the homeowner a $510,983, fine consisting of $10,968 in actual damages – the amount that she spent to pay the attorney for the mortgage company and her own attorney, and $500,000 in punitive damages, which of course was split with her attorney. The Maryland Bar has called civil actions against violators of the law, “An Emerging Area of Consumer Law". 

Inoculation was introduced to America by a slave.

Few details are known about the birth of Onesimus, but it is assumed he was born in Africa in the late seventeenth century before eventually landing in Boston. One of a thousand people of African descent living in the Massachusetts colony, Onesimus was a gift to the Puritan church minister Cotton Mather from his congregation in 1706.

Onesimus told Mather about the centuries old tradition of inoculation practiced in Africa. By extracting the material from an infected person and scratching it into the skin of an uninfected person, you could deliberately introduce smallpox to the healthy individual making them immune. Considered extremely dangerous at the time, Cotton Mather convinced Dr. Zabdiel Boylston to experiment with the procedure when a smallpox epidemic hit Boston in 1721 and over 240 people were inoculated. Opposed politically, religiously and medically in the United States and abroad, public reaction to the experiment put Mather and Boylston’s lives in danger despite records indicating that only 2% of patients requesting inoculation died compared to the 15% of people not inoculated who contracted smallpox.

Onesimus’ traditional African practice was used to inoculate American soldiers during the Revolutionary War and introduced the concept of inoculation to the United States. 

Little Known Black History Fact

Before there was Rosa Parks, there was Claudette Colvin.

Most people think of Rosa Parks as the first person to refuse to give up their seat on a bus in Montgomery, Alabama. There were actually several women who came before her; one of whom was Claudette Colvin.

It was March 2, 1955, when the fifteen-year-old schoolgirl refused to move to the back of the bus, nine months before Rosa Parks’ stand that launched the Montgomery bus boycott. Claudette had been studying Black leaders like Harriet Tubman in her segregated school, those conversations had led to discussions around the current day Jim Crow laws they were all experiencing. When the bus driver ordered Claudette to get up, she refused, “It felt like Sojourner Truth was on one side pushing me down, and Harriet Tubman was on the other side of me pushing me down. I couldn't get up."

Claudette Colvin’s stand didn’t stop there. Arrested and thrown in jail, she was one of four women who challenged the segregation law in court. If Browder v. Gayle became the court case that successfully overturned bus segregation laws in both Montgomery and Alabama, why has Claudette’s story been largely forgotten? At the time, the NAACP and other Black organizations felt Rosa Parks made a better icon for the movement than a teenager. As an adult with the right look, Rosa Parks was also the secretary of the NAACP, and was both well-known and respected – people would associate her with the middle class and that would attract support for the cause. But the struggle to end segregation was often fought by young people, more than half of which were women. 

Image: Claudette Colvin by Phillip Hoose