Let me ask you something: Let's say you own a grocery store. Some kind of crisis (a pandemic perhaps) happens, and the federal government unilaterally decrees that it is now legal for people to walk into your store and take whatever food they need to survive. Not only that, but they tell you that if you try to prevent these people from taking your products, you will be jailed.
If this were to happen:
1) Would you consider this fair?
2) Would you keep restocking the shelves of your store, or would you let your stock run out?
1) I don't think asking if it is 'fair' is the right question, I think the right question is 'is this necessary to avoid an even worse disaster?'
So in such a scenario where food shortages are so bad that people are resorting to stealing food off the shelves of their local grocery stores... yes, I believe that the government should establish some sort of temporary policy to 'allow' this to happen for a couple of reasons. Firstly, I don't think it would exactly be practical to look to prosecuting tens of millions of people for theft. And I don't think that would exactly be a desirable outcome either. Do we really want tens of millions of Americans to become criminals overnight, all because they were to survive? It's not like they're looting a BestBuy during a run-of-the-mill riot. This is a national catastrophe. This could be the fault of the government. Maybe the problem was inevitable and it's out of their hands.
There are basically three ways the government can approach this 'people are resorting to stealing to eat en masse' scenario:
* Prosecute the thieves (I've already explained why I don't think this is moral or practical).
* Forbid the store owners from stopping the thieves.
* Forbid the store owners from stopping the thieves, and prosecute them if they do.
So ultimately the question would come down to whether or not to pursue legal action against the store owners. So why might doing so be desirable?
Well, allowing both the theft to continue
and allowing the store owners to try and stop them is a contradiction. While the theft itself would not be criminally prosecuted, if we aren't prosecuting them then we have to establish whether or not store owners would have the right to use force to protect their merchandise. If they are allowed to use lethal force to protect it, are the would-be-thieves allowed to defend themselves against the store owners? It would not make sense for the state to allow store owners to use lethal force here... because the thieves are not actually committing a crime, according to the federal government. So we're presented with a nightmare moral and legal scenario, and this could very well turn into a horrific blood bath. Allowing store owners to use force (lethal or otherwise) to stop this theft would not result in a desirable outcome for anybody.
Again, we're talking about a scenario where the choice seems to be steal or starve. And yes, you're going to have some people who take advantage and steal food that they could very well afford - but you'd be hard-pressed to find any law or program that some jerk does not try and take advantage of. That's no reason to end a program, unless there is a significant number of people taking advantage of such a program. And I have not seen any evidence to suggest that most renters who are not currently paying rent because of the moratorium
could pay rent but are just choosing not to.
So back to the original scenario, I'm gonna do a quick summary of the comparisons for clarity: we cannot allow up to 11 million people to be evicted overnight, because the consequences would be completely disastrous. You cannot both allow the landlord to try and force the tenant out and say that the tenant is allowed to stay. That's a contradiction. So naturally you have to prevent the landlord from evicting their tenants. How do you prevent this? You establish penalties. Now whether this
should be a fine or jail time, I think is a completely separate debate. But I think that establishing some sort of penalty period, is necessary.
At the absolute minimum, they should be staggered. But obviously the moratorium has to end at
some point. I don't know exactly when that would be, but I am neither an expert on public health or public housing. Maybe the ideal timeline is October, as Biden intends. Maybe it's January 2022. I don't know. But I trust the judgement of the CDC and the Biden administration that that time is
not now.
2) I'm not sure I understand what restocking the shelves is equivalent to in this comparison... I assume you mean finding new tenants?
Assuming that's what you meant... I do think that some sort of forgiveness program for landlords is going to eventually be necessary. We shouldn't make tenants pay the backrent, but leaving the landlords completely out in the cold isn't really a viable or fair solution. Ideally I would like to see some sort of program to allow the landlords to have their debts paid off/backrent paid by the government, what have you. So an ideal scenario/solution would result in not having 11 million evictions over a short period of time, making sure millions of landlords don't go bankrupt, and making sure that nobody is worse off.
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I hope I articulated this well. It's a complicated scenario, so I apologize of some of my explanations are jumbled or repetitive.