Sharp

United States v. Sharp

Good Law
188 F.2d 311·1951 U.S. App. LEXIS 3017
United States Court of Appeals for the Ninth CircuitApril 2, 195112634_1California595 words

Opinion

Opinion

¡The United States appeals from a judgment denying it any relief in a suit for damages, injunction and restitution for alleged rent overcharges made under the-Housing and Rent Act of 1947, as amended, SO U.S.C.A.Appendix, § 1881 et seq. The record shows that certain accommodations of appellee located on Daisy Avenue in Long Beach were originally registered by her under the Emergency Price Control Act of 1942, SO U.S.C.A.Appendix, § 901 et seq. and let as “four individual furnished' rooms” at an aggregate ceiling rental of $90 per month. In June of 1948 the premises were for the first time leased by appellee to one person as a complete apartment unit, and were so registered, at the Area Rent Director’s insistence, in January 1949 under the 1947 Act, as required by the applicable Rent Regulations. The Director issued an order on March 23, 1949, fixing the rent at $37.50 per month, effective from the date of the lease, and ordering a refund of the excess which had been collected. No administrative review was sought or appeal taken from the March order, as permitted by the Regulations. Meanwhile appellee continued, as before, to collect a rental of $75.00 per month.

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