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Whitelaw and Sons Real Estate Morgan Hill
Whitelaw and Sons Real Estate Morgan Hill
eviction ban

Written by Robert Whitelaw, Realtor®/Broker/Owner

Born and raised in Silicon Valley, Robert has helped clients successfully buy, sell and invest in real estate from Palo Alto to Gilroy and Los Gatos - and beyond! Robert rates his success on providing the highest level of value to his clients.

August 31, 2021

Supreme Court Rules That The CDC Does NOT Have Authority

What Is The CDC And What Did They Do?

eviction ban​The CDC (Centers for Disease Control and Prevention) is an advisory body that is tasked with providing medical information to law makers and other government agencies. They do not have the authority to make policy or laws – that is the exclusive right of Congress.

In early August, the CDC issued an order that banned the eviction of residential tenants in counties with high transmission rates of COVID-19. They claimed they had the authority to do this, because not doing it would increase the spread of the disease.

So what did the Supreme Court decide?

In reviewing the facts of the case, the Supreme Court decided that the CDC did exceed its authority by issuing the order for a ban on evictions. If an eviction ban was to be allowed, it would have to be authorized by congress. (See this article)

So, is this a good thing?

Absolutely. It is very clear who is responsible for creating our laws. Those are our elected representatives. Whether your agree or disagree with the ban, we should all be able to agree that all the various departments of the government should not be able to simply come up with a new law and impose it on us without the approval of those we elected to create laws.

Should Eviction Bans Be Allowed At All?

The answer to that will depend on whom you ask. From my perspective, I do not believe we should allow the government to decide that private property is no longer private and be able to dictate what you can or cannot do with your property. What’s more, they are interfering with a legal contract between a landlord and a tenant. The one thing we should have learned from history is that eventually, the government will abuse every authority we grant them. I would much rather deal with the inconveniences of more freedom than the repercussions of more government authority.

We will discuss all that and more in todays show!

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