The Columbus Dispatch

Bill would let HHS ban evictions

Moratorium power in health crises proposed

- Savannah Behrmann

WASHINGTON – Liberal lawmakers will introduce legislatio­n this week that would give the Department of Health and Human Services the authority to create federal eviction moratorium­s – pushing back against a ruling by the Supreme Court that the agency does not have the authority to do so.

The legislatio­n, sponsored by Rep. Cori Bush, D-MO., and Sen. Elizabeth Warren, D-mass., comes weeks after the high court blocked the Biden administra­tion’s eviction moratorium, ruling the Centers for Disease Control and Prevention did not have authority to impose the freeze. The CDC is one of the arms of HHS.

The legislatio­n – dubbed the Keeping Renters Safe Act of 2021 – aims to protect renters from eviction by amending Section 361 of the Public Health Service Act to grant the HHS and CDC permanent authority to implement federal eviction moratorium­s to address public health crises.

The Public Health Service Act authorizes the federal government to respond to medical and health emergencie­s, such as the COVID-19 pandemic. Section 361 specifies the HHS secretary is authorized to “take measures to prevent the entry and spread of communicab­le diseases.” Those functions are delegated to the CDC.

Through the Keeping Renters Safe Act, the lawmakers argued that the eviction of millions during a national emergency would increase the likelihood of diseases spreading.

“This pandemic isn’t over, and we have to do everything we can to protect renters from the harm and trauma of needless eviction, which upends the lives of those struggling to get back on their feet,” Warren said. “Pushing hundreds of thousands of people out of their homes will only exacerbate this public health crisis and cause economic harm to families, their communitie­s and our overall recovery.”

Bush told USA TODAY, “This is the only way we make sure that we are keeping people safe, especially now that we are dealing with this pandemic that continues to surge and is just out of control.”

Congress approved an eviction moratorium in the early months of the pandemic in 2020.

A few months later, President Donald Trump ordered the CDC to impose its own freeze, which it did last September. The CDC’S freeze was extended several times, and President Joe Biden extended it again in June for 30 days, prompting a political and legal battle over its impact.

As the highly contagious delta variant of the coronaviru­s took hold, Biden asked Congress to take up the matter.

When lawmakers could not reach a consensus, the CDC and the Biden administra­tion announced a moratorium in August that would have run through the end of October.

Several real estate groups in Georgia and Alabama sued.

The Supreme Court shot down Biden’s attempt to extend the moratorium for the hardest-hit areas. Associate Justice Brett Kavanaugh said in a previous ruling by the court that it’s up to Congress to pass a bill giving the CDC authority.

Kavanaugh wrote a warning in June that the CDC “exceeded its existing statutory authority by issuing a nationwide eviction moratorium.”

“Clear and specific congressio­nal authorizat­ion (via new legislatio­n) would

be necessary for the CDC to extend the moratorium past July 31,” he said.

The legislatio­n would apply to all residentia­l eviction filings, hearings, judgments and execution of judgments.

The ruling from the Supreme Court allowed property owners to begin the process of evicting millions of Americans who are behind on rent.

One in six renters is estimated to be behind on rent, according to the U.S. Census Bureau’s Household Pulse Survey.

Sabrina Davis, 63, in Kansas City, Missouri, was evicted in August during an ongoing legal battle with her landlord.

Davis told USA TODAY she felt “thrown away” by her city, state and nation, and the government “could care less.”

“Why are we, as citizens of this country, going through this?” she asked through tears.

Davis expressed gratitude for being able to stay with a friend, but she emphasized that her eviction “exposed me greatly” to COVID-19.

Eviction is “like a death sentence. It’s like I’ve been just thrown out there to the virus,” she said. If her friend had not taken her in, Davis said, she would have had to go to a shelter, which might well have been crowded or overflowing, or live on the streets.

Bush, who has been evicted herself, slept outside the Capitol for several nights in a protest designed to draw attention to the expiring moratorium.

The moratorium under the new legislatio­n would remain in effect for at least 60 days “after the conclusion of the public health emergency.”

It is unclear whether the legislatio­n will gather Republican support in either chamber of Congress.

Bush told USA TODAY she wishes to see the legislatio­n attached and passed through a continuing resolution: a temporary, stopgap funding measure to avoid a government shutdown while Congress debates how to fund the government.

In August, Republican­s objected to an effort to pass an extension through the House. In the Senate, 10 Republican­s would need to join all 50 Democratic-voting senators to push the legislatio­n past a filibuster.

This summer, Republican­s from both chambers argued against extending the eviction moratorium, citing questions over its legality. Republican­s pointed to COVID-19 assistance legislatio­n that delegated billions of dollars to tenants and landlords to prevent evictions.

Millions of Americans, renters and landlords alike, have not received the emergency rental assistance available to them through a federal program administer­ed by their states.

“Congress appropriat­ed $47 billion of rental assistance to address this exact problem. The admin’s time would be better spent dealing with its failure to get money owed to landlords rather than papering over its failures with illegal actions,” Sen. Pat Toomey, R-PA., said in a tweet this summer.

Contributi­ng: John Fritze, Joey Garrison

 ?? JOSHUA ROBERTS/GETTY IMAGES ?? Rep. Cori Bush, D-MO., slept outside the Capitol for several nights this summer to draw attention to the expiring eviction moratorium.
JOSHUA ROBERTS/GETTY IMAGES Rep. Cori Bush, D-MO., slept outside the Capitol for several nights this summer to draw attention to the expiring eviction moratorium.
 ?? ANNA MONEYMAKER/GETTY IMAGES ?? Sen. Elizabeth Warren, D-mass., and Rep. Cori Bush, D-MO., are sponsoring a bill that aims to protect renters from eviction.
ANNA MONEYMAKER/GETTY IMAGES Sen. Elizabeth Warren, D-mass., and Rep. Cori Bush, D-MO., are sponsoring a bill that aims to protect renters from eviction.

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