[Ed. – Apparently the administration wants to create the basis for a new lawsuit and try to get another judge to uphold the repeatedly rejected moratorium.]
A federal rule that took effect yesterday requires that anyone attempting to collect unpaid rent tell tenants they may be protected by the residential eviction moratorium that the Centers for Disease Control and Prevention (CDC) imposed in September. Yet federal courts have repeatedly held that the moratorium, which the CDC recently extended through June 30, is invalid because it exceeds the agency’s legal authority.
The New Civil Liberties Alliance (NCLA), which yesterday sued the CFPB on behalf of residential property managers and Louisiana real estate attorney Gordon Schoeffler, argues that the rule, which the Consumer Financial Protection Bureau (CFPB) issued under a statute that forbids “false or misleading representations,” requires debt collectors to lie. …
The NCLA also argues that the rule violates the First Amendment by mandating false statements.