Allred
United States v. Allred
Opinion
lead Opinion
Harris, J.
This is an action brought by the United States against defendant Allred for injunction, restitution and treble damages.
Defendant, formerly the owner of certain premises which are involved in the case at bar, collected moneys in excess of the ceiling rent from a number of her tenants. Prior to trial, defendant negotiated with all but two of her tenants in effecting a “settlement and compromise and an accord and satisfaction.”
There is no dispute as to the overcharges imposed by defendant. Certain discrepancies have been clarified by stipulation. The sole question for the Court’s decision is one of law, namely, the effectiveness of the releases obtained by defendant in absolving her from liability toward the government with respect to the amounts collected from the tenants signing the releases.
Section 205 of the Housing and Rent Act of 1947 as amended, Public Law 31, 81st Congress, 1 conferred jurisdiction upon this Court at the time the .instant action was commenced on July 21, 1950. 50 U.S. C.A.Appendix, § 1895.
It is the government’s position that the section imposes only two limitations upon the bringing of an action against a landlord who collects overcharges:
*41 (1) If…