The Centers for Disease Control (CDC), on 04 September 2020, issued a Moratorium on evictions impacting individuals whom make $99,000 or less per year. And regardless of why this came down the pike as an unfunded mandate, the reality is clear. If you physically evict someone — not simply file the eviction — you could face a fine of up to $100,000 and spend a year in a federal detention facility. The Order applies to any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes.
CDC issued this Order under the authority of section 361 of the Public Health Service Act (42 U.S.C. § 264) and federal regulations codified at 42 C.F.R. § 70.2. Under 42 U.S.C. § 264, the HHS Secretary is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between U.S. states and U.S. territories. The authority for carrying out these functions has been delegated to the CDC Director. Under long-standing legal authority found at 42 C.F.R. § 70.2, the CDC Director can take public health measures to prevent the interstate spread of communicable diseases in the event of inadequate local control.
By my estimates, there are probably 60% or more Field Service Technicians whom are at risk of eviction as I type this. Out of those, I would say that almost 100% are eligible for food stamps. I am included in both categories. Fact of the matter is, though, that unless and until you Declare yourself covered under the CDC Moratorium, its potential benefits do not apply to you. You see, the Trump Administration knew they had a problem, but they wanted to ensure that only a select few could benefit from the solution. When asked if landlords had to inform their tenants with respect to the CDC Moratorium, here is how they responded,
No, landlords are not required to make their tenants aware of the Order and Declaration.
Typical of tyrants. Knowing that their people are scrambling and many do not even have access to basic utilities or the internet, they ensure the final nails in the coffin. It is an abomination. While President Trump has thrown trillions of dollars to his cronies, $1,200 has been sent to families. It is the Queen of France telling the people to eat cake. If, though, you do chose to inform yourself, there are protections. For example, what are the penalties if someone comes to forcibly evict you for simply not paying rent? Glad you asked,
Several laws ( 18 U.S.C. §§ 3559 and 3571, 42 U.S.C. § 271, and 42 C.F.R. § 70.18) say that a person who violates the Order may be subject to a fine of no more than $100,000 or one year in jail, or both, if the violation does not result in death. A person violating the Order may be subject to a fine of no more than $250,000 or one year in jail, or both, if the violation results in a death or as otherwise provided by law. An organization violating the Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. These are criminal penalties and are determined by a court of law. CDC has no involvement in these penalties.
It is a sickly irony: An Industry tasked with destroying lives and seizing other’s property now face the same specter. The reality is that many of us, myself included, will become homeless soon no matter whom is elected nor what kind of assistance the US Government may afford. Our leaders waited too long while they remained safely ensconced in their own personal Ivory Towers. What we have is a small respite and we must all prepare for what is coming down the pike. The foreclosures and evictions will be on a scale that the world has never seen before. And in that I have little solace; however, I stand with the millions whom will join me and others in a kindred spirit as we navigate one of the worst crisis in mankind’s history.