Episode 208 of The Lieb Cast.
Stop complaining about governmental vaccine rules for where you work and where you go. Just live in the right place for you. We explain NYC's vaccine rules to participate in everything and Montana's new anti-discrimination law that prohibits changing opportunities based on vaccination status.
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As previously reported on this Blog, the New York Health and Essential Rights Act ("NY HERO Act") requires employers to take various measures to protect employees in the event of a future airborne infectious disease outbreak. An "emergency regulation" and "proposed final regulation" was recently released to clarify and implement certain requirements contained in the NY HERO ACT so employers are prepared in the event the NY Health Commissioner designates an airborne infectious disease as highly contagious.
Specifically, the regulation designated as 12 NYCRR 840.1, entitled "Airborne Infections Disease Exposure Prevention Standard" requires employers to:
On August 27, 2021, the US Supreme Court opened the floodgates for evictions throughout the United States in the case of Alabama Association of Realtors v. DHHS.
Landlords, have you called your attorney yet to start the eviction process?
Investors, are you ready for the housing market to swing because of a flood of inventory?
Tenants, have you started to make moving arrangements and tried to settle your arrears for less money?
Wow, can you feel that tsunami coming?
Make no mistake, this is the first domino to fall in our housing market's shift into a buyer's market on fundamentals. Are you ready?
For the legal context of what transpired, the CDC had issued a moratorium on evictions in counties with substantial or high levels of COVID-19, which we explained here. That moratorium was thrown-out by the District Court for the District of Columbia, but that Court knew that the issue would get to the Supreme Court so they stayed (a/k/a, paused) the effectiveness of their Order overturning the moratorium until the Supreme Court could weigh-in, which we explained here. Now, the Supreme Court has weighed-in and the eviction moratorium is ineffective, unlawful, and unenforceable.
To be clear, the Supreme Court did not weigh-in on the policy of an eviction moratorium. They didn't rule as to whether it is a good idea, good policy, or needed for our country. Instead, the Supreme Court ruled "that the statute on which the CDC relies does not grant it the authority it claims." In plain language, the eviction moratorium was thrown-out because the CDC's basis for imposing the moratorium does not afford it that power.
You see, Executive Branch agencies, like the CDC, can't do whatever they want. They need power before they act, which comes from Congress. Without that power, they can't do anything. They can't issue regulations, rules, or directives. This power, called an enabling statute, was missing from the eviction moratorium, according to the Supreme Court, which explained that the power relied upon by the CDC was meant "to implement measures like fumigation and pest extermination," not eviction moratoriums. According to the Supreme Court, "our system does not permit agencies to act unlawfully even in pursuit of desirable ends."
Knowing that, you should be wondering if Congress will act and impose its own eviction moratorium?
For landlords, investors, and tenants that is a really important question given that the Supreme Court acknowledged, in its decision, that "[a]t least 80% of the country, including between 6 and 17 million tenants at risk of eviction, [fell] within the moratorium."
However, we doubt that Congress will issue another moratorium because it can't get anything done with its division in the Senate. Further, the Supreme Court reminded Congress, in its decision, that a federal "moratorium intrudes into an area that is the particular domain of state law: the landlord-tenant relationship."
As a result, evictions are about to flood the court systems. Are you ready for the eviction tsunami?
On episode 205 of The Lieb Cast, We bring on the Attorney who is representing the group of disabled children in Texas suing Governor Abbott over school mask mandate ban. We predict the unraveling of several lawsuits to follow. Search "The Lieb Cast" on any podcast player.