James B. Doyle v. Oliver A. Fox, J. E. Patterson and Corey Gabrielson

This was an action for treble damages under the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, § 1881 et seq., and the regulations adopted thereunder and relating thereto. Judgment was for the defendant lessor and the plaintiff, lessee under a written lease who sought recovery for claimed overcharges, has brought this appeal.

It is conceded by both parties that the premises and the lease were at the time of the claimed overcharges subject to rent control under the provisions of Rent Regulation I of the Housing Rent Regulation covering the operations of the Office of Rent Stabilization. The Executive Order which brought the housing accommodations here involved under control, established November 1, 1951, as the maximum rent date and January 14, 1952, as the effective date of the control order. The accommodations consisted of a motel located in Alameda County, California. On the maximum rent date it was not rented as it was still under construction. On December 31, 1951, the appellees, as lessors, and the appellant, as lessee, executed a written lease for a term of three years commencing on January 1, 1952. The lease provided that for the first two months thereof,…