Lillian Skinner v. Alice B. Johnson and Nancy Messina

Good Law
224 F.2d 575·1955 U.S. App. LEXIS 4122
United States Court of Appeals for the Ninth CircuitJuly 27, 195514310_1California371 words

Opinion

Opinion

Denman, J.

Skinner, hereafter the Landlord, appeals from a judgment of the District Court in a proceeding under § 205 of the Housing and Rent Act of 1947, 50 U.S. C.A.Appendix, § 1895, hereafter the Act, holding her liable to the appellees, hereafter the Tenants, for the difference between $30.00 per month, the rental fixed for the apartment when unfurnished and $125.00 per month charged after extensive structural changes were made remodeling the apartment, important facilities were added and the apartment furnished.

There is no question that the expenditures were for “structural changes involving substantial alterations.” The wall facings were torn off and expansion facing added. The wall between the bathroom and kitchen taken out and a new wall built, enlarging the bathroom. A laundry outside the ■ apartment and a roof garden were constructed for the tenants’ use and a hallway adding to the apartment’s privacy. However, there were no rooms added to the apartment and it remained the same dwelling unit.

The landlord failed to file with the Area Rent Director her petition for increase of the maximum rent in the proceeding provided in the regulations, until after she had charged and…

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