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OREIA Bi-Weekly Market & Legislative Update

with... Multiple Speaker(s)

They Beat The CDC: This week’s Market Update guests are Eric & Lila Wohlwend, fresh off a HUGE WIN against the CDC and its Eviction Moratorium!

Monday, March 15, 2021 6:00 PM - 7:30 PM

 

OREIA Bi-Weekly Market Update

MONDAY, March 15th at 6:00 PM

TinyURL.com/OREIAWebinarMar15

This week’s Market Update guests are Eric & Lila Wohlwend, fresh off a HUGE WIN against the CDC and its Eviction Moratorium! Hannah Marcley, an attorney from the Pacific Legal Foundation who represented them, will also be on the call. 

The Wohlwends, as Skyworks, LTD filed suit along with several others against the CDC, challenging its authority to enact the Eviction Moratorium. They were joined by Cedarwood Village Apartments, Toledo Properties, and the National Association of Home Builders. They also received amici support, including from the New Civil Liberties Alliance, the National Apartment Association, and the National Association of Residential Property Managers.

Eric and Lila Wohlwend Have both been full-time Real Estate Investors since 2003. They both received their Ohio and their National Professional Housing Provider certification in 2006.

Lila is a licensed Real Estate Broker and Senior Property Manager with 18 years of property management experience. She has managed almost a thousand rentals between Canton and Columbus, Ohio.

Eric specializes in being creative to make deals in any market.  He currently controls hundreds of single & multi-family residential properties. He’s used millions of dollars of private money to finance multiple types of real estate including multi-family units, single-family homes, storefronts, multiple mobile home parks, a storage facility and part of an airport (because of course, he’s also a pilot and skydiver!).  He finds creative approaches to make good deals great.

Together, Eric and Lila are a powerhouse team of REI, but the pandemic and the Eviction Moratorium have been a challenge even for them. They decided to take that challenge and fight it at the source, taking the CDC to Federal Court. And folks, THEY WON!! Read some excerpts from the official ruling below. And if you’d like to read the entire ruling, you can find it at https://tinyurl.com/Skyworks-Opionion

The most natural and logical reading of the statute as a whole does not extend the CDC's power as far as Defendants maintain. Such a broad reading of the statute, and the term "other measures" in particular, would authorize action with few, if any, limits-tantamount to creating a general federal police power. It would also implicate serious constitutional concerns, which Plaintiffs did not raise here.

See Terkel v. CDCP [sic] […] (declaring that the moratorium exceeds the scope of federal power the Commerce Clause permits), appeal […]

But the text does not authorize such boundless action or depend on the judgment of the Director of the CDC or other experts for its limits. The eviction moratorium in the CDC's orders exceeds the statutory authority Congress gave the agency.

“Without question, effective pandemic response depends on the judgment of reliable science-not political science. But that obvious truism does not empower agencies or their officials to exceed the mandate Congress gives them.”

The CDC moratorium “allows some evictions to proceed, including those based on criminal conduct, damage to property, or reasons other than nonpayment of rent. Such evictions have as much chance of spreading Covid-19 as those subject to the moratorium.”

Don’t miss the excitement on Monday as we discuss some of the highlights of the case, as well as what this means for evictions going forward.

Register now at https://attendee.gotowebinar.com/register/1353400271097494539


Free Event

Date:  Monday, March 15, 2021
Time:  6:00 PM - 7:30 PM



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