In Legal Terms


In Legal Terms: Governments During A Heath Emergency

A former host of In Legal Terms, Professor Matthew Hall, was our guest for our show concerning The Balance Between Civil Liberty and Public Safety in a Time of Crisis

The U.S. Supreme Court found that the “police power” of the States embraces “reasonable regulations …as will protect the public health and safety.” Jacobson v. Massachusetts, 197 U.S. 11 (1905)

2016 Mississippi Code Title 41 - Public Health Chapter 23 - Contagious and Infectious Diseases; Quarantine In General (§§ 41-23-1 - 41-23-47)

2006 US Code Title 32 - NATIONAL GUARD CHAPTER 3 – PERSONNEL Sec. 328 - Active Guard and Reserve duty: Governor's authority

Military Power in Law Enforcement: The Posse Comitatus

Law expert: In Miss. it’s a felony to violate a quarantine order, but good luck enforcing it

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In Legal Terms: Housing with MS Center for Justice

Guests: attorney Vangela Wade, president and CEO of the Mississippi Center for Justice and Will Bedwell an attorney in the Center's Biloxi office.Immediate protection for housing:The eviction moratorium operates by restricting lessors of covered properties # from filing new eviction actions for non-payment of rent, and also prohibits “charging fees, penalties, or other charges to the tenant related to such nonpayment of rent.” Sec. 4024(b). The federal moratorium also provides that a lessor (of a covered property) may not evict a tenant after the moratorium expires except on 30 days’ notice—which may not be given until after the moratorium period.# Covered properties include:VAWA Covered Housing Programs Department of Housing and Urban DevelopmentPublic housing Section 8 Housing Choice Voucher program Section 8 project-based housing Section 202 housing for the elderly Section 811 housing for people with disabilities Section 236 multifamily rental housing Section 221(d)(3) Below Market Interest Rate HOME Housing Opportunities for Persons with AIDS McKinney-Vento Act homelessness programs Department of AgricultureSection 515 Rural Rental Housing Sections 514 and 516 Farm Labor Housing Section 533 Housing Preservation Grants Section 538 multifamily rental housing Department of Treasury Low-Income Housing Tax Credit Rural Housing Voucher ProgramProperties with federally backed mortgage loans (1-4 units)Properties with federally backed multifamily mortgage loans (5+ units) Evictions Suspended: Pursuant to Miss. Code. Ann. Section 33-15-11(c)(1) and (33-15-11(c)(4), evections within the State of Mississippi are suspended, and all state, county and local law enforcement officers are directed to cease enforcement of orders of eviction for residential premises during the Shelter in Place Order. No provision contained within this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage. new federal law, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, puts in place two protections for homeowners with federally backed mortgages:A foreclosure moratoriumA right to forbearance for homeowners who are experiencing a financial hardship due to the COVID-19 emergencyIf you don’t have a federally backed mortgage, you still may have relief options through your mortgage servicer or from your state. Law in Mississippi Authored By: The University of Mississippi School of Law Legal Clinic Legal Services: 1-800-498-1804Mississippi Public Service Commission COVID-19 statements Legal Services: 1-800-498-1804Mississippi Center for Justice: 601-352-2269 Housing Hot Line: 1-877-352-2269MS United to End Homelessness: 601-960-0557 Doors Homeless Coaliton: 228-604-2048 Home Corporation