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Trump Administration Issues Nationwide Ban on Evictions Through End of 2020

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  • The Trump administration announced an order that will ban evictions for millions of Americans through the end of the year. 
  • The order will be enacted by the CDC with the goal of preventing additional coronavirus spread that could come from forcing people out of their homes and into shelters, shared housing, or other crowded living spaces.
  • The rule applies to all people who expect to make less than $99,000 this year, or $198,000 for married couples.
  • It is by far the most sweeping action the administration has taken on evictions, and while many housing advocates applauded it, they also said it falls short.
  • Notably, the order does not give any aid to renters or landlords, meaning that renters will still be required to pay all the money they owe when the ban ends or face eviction.

New Eviction Ban

The Trump administration issued an order Tuesday that will ban evictions for millions of Americans through the end of the year.

The new rule is by far the most sweeping action the administration has taken to protect renters who have lost their jobs or have taken other financial hits during the coronavirus pandemic.

The order, which is being enacted by the Centers for Disease Control and Prevention (CDC), aims to prevent the additional spread of the coronavirus that mass evictions could create by leaving renters homeless. That’s because mass evictions could force many into homeless shelters, shared housing, or other crowded living spaces.

Under the order, any renter who expects to make no more than $99,000 this year ($198,000 for married couples) or anyone who received a stimulus check under the CARES Act cannot be evicted for failing to pay rent on time. 

Renters can still be evicted for other reasons than failing to pay rent, like criminal behavior or property damage. Any landlord who evicts someone for not paying rent can face criminal penalties including fines and jail time.

The order also requires everyone covered under it who is facing eviction to fill out a declaration agreeing to several statements under sworn testimony. 

In addition to acknowledging that they meet the income threshold, the declaration also requires all renters to certify that they have “used best efforts to obtain all available government assistance for rent or housing,” are unable to make full payments due to loss of household income or wages or “extraordinary out-of-pocket medical expenses,” and are “using best efforts to make timely partial payments” as close to the full amount as they can afford.

If evicted, qualifying tenants must also confirm that they are “likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.”

Very notably, under that declaration, renters are additionally required to agree that they understand that once the eviction ban ends on Dec. 31, their landlord can require them to pay the full amount of money they owed. If they do not, they can be evicted once the moratorium expires.

In other words, the moratorium does not erase rent payments. If you are a renter, you still owe that rent. This order just makes it so you cannot be evicted for not paying it during a set period of time. That means that if you do not pay rent or only pay partial rent during the moratorium, you will still owe everything you have not paid yet once it’s expired

If you cannot make up all those payments you owe, you can still be evicted for not paying once it ends.

Previous Policies

While it may sound extreme, this provision is in line with most, if not all, of the federal and state-level eviction bans that have been put in place throughout the pandemic. 

Before Trump’s new order, the most widespread action taken on evictions during the pandemic was a federal moratorium for renters who were residents of buildings and homes with federal mortgages, which was signed into law in March as part of the $2 trillion CARES Act.

That only applied to around one out of every four renters, and because the ban was not based on income, a lot of people were not covered. It still helped millions of Americans, but that moratorium expired at the end of July, and because it coincided with the expiration of other programs like an additional $600 in federal unemployment benefits, many experts were worried that the U.S. was facing an evictions crisis.

To prevent that, the House both extended the moratorium and expanded it to all tenants as part of the $3 trillion coronavirus relief bill it passed back May. However, Senate Republicans broadly rejected that legislation, and when they proposed their own bill in July, it did not include any plans to extend the evictions ban.

Some states had also implemented their own eviction bans that covered more renters than the federal ban did, so some of those were still in place when the federal one ended, but many of those protections have also started to expire. According to reports, right now, only 17 states and D.C. still have those safeguards.

With the federal ban expired and state bans headed the same way, experts predicted at the beginning of August that 30 to 40 million renters were at risk of being evicted in the next few months absent serious intervention.

With negotiations stalled in Congress, Trump took matters into his own hands at the beginning of last month and announced a series of executive actions aimed at helping Americans economically.

Among those actions was an executive order that Trump said would not only expand the moratorium but give more aid to renters. The order did not actually do either of those things.

In reality, it just called on the Secretary of the Department of Health and Human Services and the director of CDC to “consider” whether an eviction ban is needed, and called for the Treasury and Housing and Urban Development secretaries to see if they could find any more funds. The order did not promise any more money. 

A Bittersweet Moment for Housing Advocates 

Following the executive order, many criticized Trump for misrepresenting his policy and also for not doing enough for renters. With the new order, the script has not flipped, and many have praised the president and his administration for putting such widespread safeguards in place to protect renters.

While many housing advocates have applauded the move, they’re still concerned that it falls short in one key place: providing additional aid to renters.

As noted before, renters will still have to pay the full rent at some point. What’s more, Trump’s order even explicitly allows landlords to charge “fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis.” 

However, the order does nothing to help people pay that rent, so while people will not be evicted, many will still also be accumulating thousands of dollars of rent-related debts. This fact has lead to some bittersweet reactions from experts and advocates.

“My reaction is a feeling of tremendous relief. It’s a pretty extraordinary and bold and unprecedented measure that the White House is taking that will save lives and prevent tens of millions of people from losing their homes in the middle of a pandemic,” said Diane Yentel, CEO of the National Low Income Housing Coalition. “While an eviction moratorium is an essential step, it is a half-measure that extends a financial cliff for renters to fall off of when the moratorium expires and back rent is owed.”

Some landlords have expressed serious concerns about Trump’s order because in addition to not giving any aid to renters, the order also does not provide any funds for landlords — many of whom won’t be collecting full rent or even any rent at all from some of their tenants.

According to data from Rentec Direct, a property management information and tenant screening firm, in the first 10 days of August alone, landlords reported taking in almost 30% percent less in rent than during the same period in March.

Housing experts say that if landlords also face financial trouble, it could create problems for the whole market.

“An eviction moratorium will ultimately harm the very people it aims to help by making it impossible for housing providers, particularly small owners, to meet their financial obligations and continue to provide shelter to their residents,” Doug Bibby, the president of the National Multifamily Housing Coalition said.

“Not only does an eviction moratorium not address renters’ real financial needs, a protracted eviction moratorium does nothing to address the financial pressures and obligations of rental property owners,” he continued, adding that the “stability of the entire rental housing sector is thrown into question.”

As for how experts think this should be addressed, both Yentel and Bippy have called on Congress to act.

“Congress and the White House must get back to work on negotiations to enact a COVID-19 relief bill with at least $100 billion in emergency rental assistance,” Yentel told NPR. “Together with a national eviction moratorium, this assistance would keep renters stably housed and small landlords able to pay their bills and maintain their properties during the pandemic.”

See what others are saying: (The Washington Post) (NPR) (The New York Times)

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Jan. 6 Rally Organizers Say They Met With Members of Congress and White House Officials Ahead of Insurrection

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Two sources told Rolling Stone that they participated in “dozens” of meetings with “multiple members of Congress” and top White House aides to plan the rallies that proceeded the Jan. 6 insurrection.


Rolling Stone Report

Members of Congress and White House Staffers under former President Donald Trump allegedly helped plan the Jan. 6 protests that took place outside the U.S. Capitol ahead of the insurrection, according to two sources who spoke to Rolling Stone.

According to a report the outlet published Sunday, the two people, identified only as “a rally organizer” and “a planner,” have both “begun communicating with congressional investigators.”

The two told Rolling Stone that they participated in “dozens” of planning briefings ahead of the protests and said that “multiple members of Congress were intimately involved in planning both Trump’s efforts to overturn his election loss and the Jan. 6 events that turned violent.”

“I remember Marjorie Taylor Greene specifically,” the person identified as a rally organizer said. “I remember talking to probably close to a dozen other members at one point or another or their staffs.”

The two also told Rolling Stone that a number of other Congress members were either personally involved in the conversations or had staffers join, including Representatives Paul Gosar (R-Az.), Lauren Boebert (R-Co.), Mo Brooks (R-Al.), Madison Cawthorn (R-N.C.), Andy Biggs (R-Az.), and Louie Gohmert (R-Tx.).

The outlet added that it “separately obtained documentary evidence that both sources were in contact with Gosar and Boebert on Jan. 6,” though it did not go into further detail. 

A spokesperson for Greene has denied involvement with planning the protests, but so far, no other members have responded to the report. 

Previous Allegations Against Congressmembers Named

This is not the first time allegations have surfaced concerning the involvement of some of the aforementioned congress members regarding rallies that took place ahead of the riot.

As Rolling Stone noted, Gosar, Greene, and Boebert were all listed as speakers at the “Wild Protest” at the Capitol on Jan. 6, which was arranged by “Stop the Steal” organizer Ali Alexander.

Additionally, Alexander said during a now-deleted live stream in January that he personally planned the rally with the help of Gosar, Biggs, and Brooks.

Biggs and Brooks previously denied any involvement in planning the event, though Brooks did speak at a pro-Trump protest on Jan. 6.

Gosar, for his part, has remained quiet for months but tagged Alexander in numerous tweets involving Stop the Steal events leading up to Jan. 6, including one post that appears to be taken at a rally at the Capitol hours before the insurrection.

Notably, the organizer and the planner also told Rolling Stone that Gosar “dangled the possibility of a ‘blanket pardon’ in an unrelated ongoing investigation to encourage them to plan the protests.”

Alleged White House Involvement

Beyond members of Congress, the outlet reported that the sources “also claim they interacted with members of Trump’s team, including former White House Chief of Staff Mark Meadows, who they describe as having had an opportunity to prevent the violence.”

Both reportedly described Meadows “as someone who played a major role in the conversations surrounding the protests.”

The two additionally said Katrina Pierson, who worked for the Trump campaign in both 2016 and 2020, was a key liaison between the organizers of the demonstrations and the White House.

“Katrina was like our go-to girl,” the organizer told the outlet. “She was like our primary advocate.”

According to Rolling Stone, the sources have so far only had informal talks with the House committee investigating the insurrection but are expecting to testify publicly. Both reportedly said they would share “new details about the members’ specific roles” in planning the rallies with congressional investigators.

See what others are saying: (Rolling Stone) (Business Insider) (Forbes)

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Jan. 6 Committee Prepares Criminal Charges Against Steve Bannon for Ignoring Subpoena

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The move comes after former President Trump told several of his previous aides not to cooperate with the committee’s investigation into the insurrection.


Bannon Refuses to Comply With Subpoena

The House committee investigating the Jan. 6 insurrection announced Thursday that it is seeking to hold former White House advisor Steve Bannon in criminal contempt for refusing to comply with a subpoena.

The decision marks a significant escalation in the panel’s efforts to force officials under former President Donald Trump’s administration to comply with its probe amid Trump’s growing efforts to obstruct the inquiry.

In recent weeks, the former president has launched a number of attempts to block the panel from getting key documents, testimonies, and other evidence requested by the committee that he claims are protected by executive privilege.

Notably, some of those assertions have been shut down. On Friday, President Joe Biden rejected Trump’s effort to withhold documents relating to the insurrection.

Still, Trump has also directed former officials in his administration not to comply with subpoenas or cooperate with the committee. 

That demand came after the panel issued subpoenas ordering depositions from Bannon and three other former officials: Chief of Staff Mark Meadows, Deputy Chief of Staff Dan Scavino, and Pentagon Chief of Staff Kash Patel.

After Trump issued his demand, Bannon’s lawyer announced that he would not obey the subpoena until the panel reached an agreement with Trump or a court ruled on the executive privilege matter.

Many legal experts have questioned whether Bannon, who left the White House in 2017, can claim executive privilege for something that happened when he was not working for the executive.

Panel Intensifies Compliance Efforts

The Thursday decision from the committee is significant because it will likely set up a legal battle and test how much authority the committee can and will exercise in requiring compliance.

It also sets an important precedent for those who have been subpoenaed. While Bannon is the first former official to openly defy the committee, there have been reports that others plan to do the same. 

The panel previously said Patel and Meadows were “engaging” with investigators, but on Thursday, several outlets reported that the two — who were supposed to appear before the body on Thursday and Friday respectively —  are now expected to be given an extension or continuance.

Sources told reporters that Scavino, who was also asked to testify Friday, has had his deposition postponed because service of his subpoena was delayed.

As far as what happens next for Bannon, the committee will vote to adopt the contempt report next week. Once that is complete, the matter will go before the House for a full vote.  

Assuming the Democratic-held House approves the contempt charge, it will then get referred to the U.S. Attorney for the District of Columbia to bring the matter before a grand jury.

See what others are saying: (CNN) (The Washington Post) (Bloomberg)

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Senate Votes To Extend Debt Ceiling Until December

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The move adds another deadline to Dec. 3, which is also when the federal government is set to shut down unless Congress approves new spending.


Debt Ceiling Raised Temporarily

The Senate voted on Thursday to extend the debt ceiling until December, temporarily averting a fiscal catastrophe.

The move, which followed weeks of stalemate due to Republican objections, came after Senate Minority Leader Mitch McConnell (R-Ky.) partially backed down from his blockade and offered a short-term proposal.

After much whipping of votes, 11 Republicans joined Democrats to break the legislative filibuster and move to final approval of the measure. The bill ultimately passed in a vote of 50-48 without any Republican support.

The legislation will now head to the House, where Majority Leader Steny Hoyer (D-Md.) said members would be called back from their current recess for a vote on Tuesday. 

The White House said President Joe Biden would sign the measure, but urged Congress to pass a longer extension.

“We cannot allow partisan politics to hold our economy hostage, and we can’t allow the routine process of paying our bills to turn into a confidence-shaking political showdown every two years or every two months,’’ White House Press Secretary Jen Psaki said in a statement.

Under the current bill, the nation’s borrowing limit will be increased by $480 billion, which the Treasury Department said will cover federal borrowing until around Dec. 3.

The agency had previously warned that it would run out of money by Oct. 18 if Congress failed to act. Such a move would have a chilling impact on the economy, forcing the U.S. to default on its debts and potentially plunging the country into a recession. 

Major Hurdles Remain

While the legislation extending the ceiling will certainly offer temporary relief, it sets up another perilous deadline for the first Friday in December, when government funding is also set to expire if Congress does not approve another spending bill.

Regardless of the new deadline, many of the same hurdles lawmakers faced the first time around remain. 

Democrats are still struggling to hammer out the final details of Biden’s $3.5 trillion spending agenda, which Republicans have strongly opposed.

Notably, Democratic leaders previously said they could pass the bill through budget reconciliation, which would allow them to approve the measure with 50 votes and no Republican support.

Such a move would require all 50 Senators, but intraparty disputes remain over objections brought by Joe Manchin (D-W.V.) and Kyrsten Sinema (D-Az.), who have been stalling the process for months.

Although disagreements over reconciliation are ongoing among Democrats, McConnell has insisted the party use the obscure procedural process to raise the debt limit. Democrats, however, have balked at the idea, arguing that tying the debt ceiling to reconciliation would set a dangerous precedent.

Despite Republican efforts to connect the limit to Biden’s economic agenda, raising the ceiling is not the same as adopting new spending. Rather, the limit is increased to pay off spending that has already been authorized by previous sessions of Congress and past administrations.

In fact, much of the current debt stems from policies passed by Republicans during the Trump administration, including the 2017 tax overhaul. 

As a result, while Democrats have signaled they may make concessions to Manchin and Sinema, they strongly believe that Republicans must join them to increase the debt ceiling to fund projects their party supported. 

It is currently unclear when or how the ongoing stalemate will be resolved, or how either party will overcome their fervent objections.

See what others are saying: (The New York Times) (NPR) (The Washington Post)

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