Biden Tries to Revive His Eviction Moratorium through the Back Door

The Biden administration is roping in Fannie Mae and Freddie Mac to pursue policy goals the Court wouldn’t let it achieve through executive action.

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President Joe Biden and his wife Jill Biden depart for a weekend visit to Camp David from the White House in Washington, D.C., July 14, 2023.

Jonathan Ernst/Reuters

The federal overreach that was part of the Covid pandemic response included a ban on residential evictions, ordained by, of all agencies, the Centers for Disease Control. Ultimately, the Supreme Court slapped down a Biden-administration effort to extend the ban — which had no serious public-health basis. But that has not stopped the White House from taking steps based on the dubious view that tenants nationally are at the mercy of oppressor landlords — and from taking backdoor steps through the federally chartered mortgage-finance companies to enforce this view.

The regulation of landlord–tenant relations — like housing and building-code enforcement — has historically been a matter for localities, the units of government by far the closest to housing markets. Cities and towns have long had a variety of policies, ranging from the non-zoning of Houston to the price regulation of rents in New York City.

Howard Husock

About the Author

Howard Husock

Howard Husock is a senior fellow at the American Enterprise Institute and the author of The Projects: A New History of Public Housing.

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