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UNIVERSITY OF MICHIGAN
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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation, No. 1, for Housing Accom-
modations Other Than Hotels and Rooming Houses
in a Portion of the San Diego Defense-Rental Area'
In the judgment of the Administrator, rents for housing accom-
modations within that portion of the San Diego Defense-Rental Area
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942 (consisting of the Judicial Townships
of Encinitas, National and San Diego, in their entireties, and that
part of the Judicial Township of El Cajon lying west of the Cleveland
National Forest, all in the County of San Diego, in the State of Cali-
fornia), have not been reduced and stabilized by State or local regu-
lation, or otherwise, in accordance with the recommendations set forth
in said Designation and Rent Declaration.
It is the judgment of the Administrator that by April 1, 1941
defense activities already had resulted in increases in rents for hous-
ing accommodations within the said portion of the San Diego Defense-
Rental Area inconsistent with the purposes of the Emergency Price
Control Act of 1942. The Administrator has therefore ascertained
and given due consideration to the rents prevailing for housing ac-
commodations within the said portion of the San Diego Defense-
Rental Area on or about January 1, 1941; and it is his judgment that
the most recent date which does not reflect increases in rents for such
housing accommodations inconsistent with the purposes of the Act.
is on or about that date. The Administrator has made adjustments
for such relevant factors as he has determined and deemed to be of
general applicability in respect of such housing accommodations,
including increases or decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 1 for housing accom-
modations within the said portion of the San Diego Defense-Rental
Area will be generally fair and equitable and will effectuate the pur-
poses of the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 1 is hereby issued.
SECTION 1. Scope of Regulation.— (a) This Maximum Rent Regu-
lation No. 1 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
housing accommodations within that portion of the San Diego De-
1 Published in the Federal Register as Title 82, Chapter XI, Part 1388, Secs. 1388.11
to 1388.24, inclusive.
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fense-Rental Area designated in the Designation and Rent Declara-
tion issued by the Administrator on March 2, 1942 (consisting of
the Judicial Townships of Encinitas, National, and San Diego, in
their entireties, and that part of the Judicial Township of El Cajon
lying west of the Cleveland National Forest, all in the County of
San Diego, in the State of California-hereinafter referred to in this
Maximum Rent Regulation No. 1 as the "Defense-Rental Area"),
except as provided in paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 1 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
:
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 1 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 1.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 1 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942 of any hous-
ing accommodations within the Defense-Rental Area higher than
the maximum rents provided by this Maximum Rent Regulation No.
1; and no person shall offer, solicit, attempt, or agree to do any of the
foregoing. Lower rents than those provided by this Maximum Rent
Regulation No. 1 may be demanded or received.
SECTION 3. Minimum Services.—The maximum rents provided by
this Maximum Rent Regulation No. 1 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
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either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide the
minimum services unless and until an order is entered pursuant to
Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on January 1, 1941, the
rent for such accommodations on that date.
(b) For housing accommodations not rented on January 1, 1941,
but rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on January 1, 1941
nor during the two months ending on that date, but rented prior to
June 1, 1942, the first rent for such accommodations after January
1, 1941. On or before July 1, 1942 every landlord of housing accom-
modations under this paragraph shall file a report on the form pro-
vided for each of such accommodations stating the maximum rent and
such other information as may be required. The Administrator may
order a decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after January 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a
major capital improvement as distinguished from ordinary repair,
replacement and maintenance, the first rent for such accommodations
after such construction or change; provided, however, that, where
such first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be required.
The Administrator may order a decrease in the maximum rent as
provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
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time between November 1, 1940 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on January 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since January 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of California or any of its political subdivisions or any agency
of any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1941, as determined by the owner of such accommodations. The Ad-
ministrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on January 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on January 1, 1941.
In cases involving construction due consideration shall be given to
increased costs of construction, if any, since January 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
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generally prevailing in the Defense-Rental Area for comparable
housing accommodations during the year ending on January 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to January 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on January 1,
1911 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on January 1, 1941.
(5) There was in force on January 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
January 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said.
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord
shall maintain the minimum services unless and until he has filed a
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petition to decrease services and an order permitting a decrease has
been entered thereon; however, if it is impossible to provide the mini-
mum services, he shall file a petition within five days after the change
of services occurs. The order on any petition under this paragraph
may require an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on January 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the rent
was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on January 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower
rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the De-
fense-Rental Area for comparable housing accommodations on Jan-
uary 1, 1941.
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(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant, the
landlord may rent the entire premises for use by similar occupancy
for a rent not in excess of the aggregate maximum rents of the
separate dwelling units, or may rent the separate dwelling units for
rents not in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition.
the Administrator for leave to exercise any right he would have
except for this Maximum Rent Regulation No. 1 to sell his under-
lying lease or other rental agreement. The Administrator may grant
such petition if he finds that the sale will not result, and that sales of
such character would not be likely to result, in the circumvention or
evasion of the Act or this Maximum Rent Regulation No. 1. He may
require that the sale be made on such terms as he deems necessary to
prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from posssession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms and
conditions as the previous lease or agreement except insofar as such
terms and conditions are inconsistent with this Maximum Rent Regu-
lation No. 1; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
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failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental agree-
ment with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot prac-
ticably be done with the tenant in occupancy and the plans for such
alteration or remodeling have been approved by the proper authorities,
if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for him-
self, his family or dependents; or the landlord seeks in good faith not
to offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of
the Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that
the action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 1 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accom-
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modations or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed
to become the tenants of the landlord on the same terms and condi-
tions, consistent with this Maximum Rent Regulation No. 1, as they
would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or
evicted as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall ob-
tain the tenant's signature and the date thereof on the back of such
statement. Within five days after renting to a new tenant, the land-
lord shall file a notice on the form provided therefor, on which he
shall obtain the tenant's signature, stating that there has been a
change in tenancy, that the stamped copy of the registration state-
ment has been exhibited to the new tenant and that the rent for such
accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
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ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 1 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of
absolute or conditional sale, sale with purchase money or other form
of mortgage, or sale with option to repurchase, or by modification of
the practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 1 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as
provided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 1 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maxi-
mum Rent Regulation No. 1 may file petitions therefor in accordance
with Procedural Regulation No. 3.
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SECTION 13. Definitions.—(a) When used in this Maximum Rent
Regulation No. 1:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the San Diego Defense-Rental Area or
such person or persons as may be designated to carry out any of
the duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the San Diego Defense-Rental Area,
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or
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legal successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the fore-
going.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or
dwelling purposes, together with all privileges, services, furnishings,
furniture, equipment, facilities, and improvements connected with
the use or occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and laun-
dry facilities and privileges, maid service, linen service, janitor serv-
ice, the removal of refuse and any other privilege or facility con-
nected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any
bonus, benefit, or gratuity, demanded or received for the use or
occupancy of housing accommodations or for the transfer of a lease of
such accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate.
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall ap-
ply to other terms used in this Maximum Rent Regulation No. 1.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 1 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed....
Grounds of adjustment on petition of landlord:
Major capital improvement..
Seasonal rents..
INDEX
Seasonal rents.
Special relationship between landlord and tenant_
Written lease with varying rent..
Amendment, Petition for...
Definitions___
Special relationship between landlord and tenant..
Increase in services, furniture, furnishings or equipment_--
Written lease:
In force January 1, 1941.
With varying rent..
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___.
Decrease in services, furniture, furnishings, or equipment.
Deterioration….
Documents, Filing of
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Evasion of Regulation……….
Evictions:
Demolition or alteration of premises...
Desire not to offer accommodations for rent___
Failure to pay rent...
Immoral or illegal purpose..
Inspection or showing of premises by landlord...
Local law---
Nuisance
Renewal of lease...
Sale_____
Subtenants..
Use and occupancy by landlord..
Violation of obligation of tenancy.
Facts in doubt or dispute, Determination of..
Inspection by Administrator..
Leases, Effect of Regulation on……….
Leases, underlying:
Maximum rent at termination of….
Sale of....
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing--
Housing rented on January 1, 1941.
Housing rented between November 1, 1940, and January 1, 1941.
Housing rented prior to June 1, 1942...
Housing not rented between November 1, 1940, and June 1, 1942.
Increase or decrease in number of dwelling units.
Major capital improvement____
Newly constructed housing…….
Priority rating, Housing constructed with___.
Penalties_
Prohibitions__
Scope of Regulation...
Tenant farmers_
Domestic servants, caretakers, and other employees._.
Hotels and rooming houses..
Services, Minimum….
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U. 8. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1974
JAN 7 1973
1973
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DATE DUE
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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 2 for Housing Accom-
modations Other Than Hotels and Rooming Houses
in a Portion of the Waterbury Defense-Rental Area¹
1
In the judgment of the Administrator, rents for housing accom-
modations within that portion of the Waterbury Defense-Rental Area
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942 (consisting of the Towns of Plymouth,
Thomaston, and Watertown, in the County of Litchfield; and the
Towns of Beacon Falls, Cheshire, Middlebury, Naugatuck, Prospect,
Waterbury, and Wolcott, in the County of New Haven, all in the
State of Connecticut), have not been reduced and stabilized by State
or local regulation, or otherwise, in accordance with the recommenda-
tions set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the said por-
tion of the Waterbury Defense-Rental Area on or about April 1, 1941.
It is his judgment that defense activities had not resulted in increases
in rents for such housing accommodations inconsistent with the pur-
poses of the Emergency Price Control Act of 1942 prior to April 1,
1941, but did result in such increases commencing on or about that
date. The Administrator has made adjustments for such relevant
factors as he has determined and deemed to be of general applicability
in respect of such housing accommodations, including increases or
decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 2 for housing accom-
modations within the said portion of the Waterbury Defense-Rental
Area will be generally fair and equitable and will effectuate the
purposes of the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 2 is hereby issued.
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 2 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all hous-
ing accommodations within that portion of the Waterbury Defense-
Rental Area designated in the Designation and Rent Declaration is-
sued by the Administrator on March 2, 1942 (consisting of the Towns
of Plymouth, Thomaston, and Watertown, in the County of Litch-
-
¹ Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.61 /
to 1388.74, inclusive.
465778°—42
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field; and the Towns of Beacon Falls, Cheshire, Middlebury, Nauga-
tuck, Prospect, Waterbury, and Wolcott, in the County of New
Haven, all in the State of Connecticut-hereinafter referred to in
this Maximum Rent Regulation No. 2 as the "Defense-Rental Area"),
except as provided in paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 2 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers,
managers, or other employees to whom the space is provided as part
of their compensation and who are employed for the purpose of
rendering services in connection with the premises of which the dwell-
ing space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 2 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation
No. 2.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 2 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942, of any hous-
ing accommodations within the Defense-Rental Area higher than
the maximum rents provided by this Maximum Rent Regulation No.
2; and no person shall offer, solicit, attempt, or agree to do any of
the foregoing. Lower rents than those provided by this Maximum
Rent Regulation No. 2 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 2 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide
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the minimum services unless and until an order is entered pursuant
to Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the
rent for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to
June 1, 1942, the first rent for such accommodations after April 1,
1941. On or before July 1, 1942 every landlord of housing accom-
modations under this paragraph shall file a report on the form pro-
vided for each of such accommodations stating the maximum rent
and such other information as may be required. The Administrator
may order a decrease in the maximum rent as provided in Section
5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942,
every landlord of housing accommodations under this paragraph
shall file a report on the form provided for each of such accom-
modations stating the maximum rent and such other information as
may be required. The Administrator may order a decrease in the
maximum rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by
the Administrator. The landlord shall, prior to renting and in

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time to allow 15 days for action thereon, file a petition requesting the
Administrator to enter an order fixing the maximum rent therefor.
Such order shall be entered on the basis of the rent which the
Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to
increased costs of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent there-
for shall be the maximum rent. Within 5 days after so renting, the
landlord shall report the maximum rent. The Administrator may
order a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent
has been heretofore or is hereafter approved by the United States
or any agency thereof, the rent so approved but in no event more
than the first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Connecticut or any of its political subdivisions or any
agency of any of the foregoing, the rent generally prevailing in
the Defense-Rental Area for comparable housing accommodations
on April 1, 1941, as determined by the owner of such accommoda-
tions. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be given
to increased costs of construction, if any, since April 1, 1941. In
cases under paragraphs (a) (7) and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for com-
parable housing accommodations during the year ending on April 1,
1941.
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(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between he landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the
landlord shall maintain the minimum services unless and until he
has filed a petition to decrease services and an order permitting a
decrease has been entered thereon; however, if it is impossible to pro-
vide the minimum services, he shall file a petition within five days

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after the change of services occurs. The order on any petition under
this paragraph may require an appropriate adjustment in the maxi-
mum rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was
not fixed by the Administrator is higher than such generally pre-
vailing rent.
(2) There has been a substantial deterioration of the housing
accommodations other than ordinary wear and tear since the date
or order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was
materially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-

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dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occupancy
for a rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 2 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 2. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 2; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or prospec-
tive mortgagee, or other person having a legitimate interest therein;
provided, however, that such refusal shall not be ground for removal
or eviction if such inspection or showing of the accommodations is
contrary to the provisions of the tenant's lease or other rental agree-
ment; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
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is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
:
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of
the Administrator. The landlord may petition the Administrator
for permission to rent the accommodations during such six-month
period, and the Administrator shall grant such permission if he finds.
that the action was in good faith and not for the purpose of evading
any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Adminis-
trator certifies that the landlord may pursue his remedies in
accordance with the requirements of the local law. The Administra-
tor shall so certify if the landlord establishes that removals or evic-
tions of the character proposed are not inconsistent with the pur-
poses of the Act or this Maximum Rent Regulation No. 2 and would
not be likely to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accom-
modations or a predominant part thereof are occupied by one or
more subtenants or other persons who occupied under a rental agree-

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ment with the tenant, such subtenants or other occupants shall be
deemed to become the tenants of the landlord on the same terms and
conditions, consistent with this Maximum Rent Regulation No. 2, as
they would have held from the tenant if his tenancy had continued
and their maximum rents shall remain unchanged; provided, how-
ever, that this paragraph shall not prevent the removal or eviction
of a subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or
evicted as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided
therefor to be known as a registration statement. The statement
shall identify each dwelling unit and specify the maximum rent pro-
vided by this Regulation for such dwelling unit and shall contain
such other information as the Administrator shall require. The orig-
inal shall remain on file with the Administrator and he shall cause
one copy to be delivered to the tenant and one copy, stamped to indi-
cate that it is a correct copy of the original, to be returned to the
landlord. In any subsequent change of tenancy the landlord shall ex-
hibit to the new tenant his stamped copy of the registration state-
ment, and shall obtain the tenant's signature and the date thereof on
the back of such statement. Within five days after renting to a new
tenant, the landlord shall file a notice on the form provided therefor,
on which he shall obtain the tenant's signature, stating that there has
been a change in tenancy, that the stamped copy of the registration
statement has been exhibited to the new tenant and that the rent
for such accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
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SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 2 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 2 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 2 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 2 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.—(a) When used in this Maximum Rent
Regulation No. 2:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Waterbury Defense-Rental Area or
such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Waterbury Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
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(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities, and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with the
use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
⚫modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 2.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 2 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.

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Adjustment of maximum rents:
Extent of adjustment to be allowed....
Grounds of adjustment on petition of landlord:
Major capital improvement.
Seasonal rents___
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment.-.-.
Written lease:
In force April 1, 1941…….
With varying rent__
Grounds of adjustment on application of tenant or on Administrator's
own initaitive:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment---..
Deterioration.
INDEX
Seasonal rents...
Special relationship between landlord and tenant_
1
Written lease with varying rent.
Amendment, petition for……….
Definitions..
Documents, filing of
Evasion of Regulation...
Evictions:
Demolition or alteration of premises__
Desire not to offer accommodations for rent___.
Failure to pay rent__.
Immoral or illegal purpose_-_.
Inspection or showing of premises by landlord...
Local law...
Nuisance...
Renewal of lease_
Sale____.
Subtenants.
Use and occupancy by landlord_
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of__
Inspection by Administrator___
Leases, effect of Regulation on..
Leases, underlying:
Maximum rent at termination of
Sale of___
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished
Government-owned housing---
Housing rented on April 1, 1941.
Housing rented between February 1, 1941, and April 1, 1941.....
Pago
LO
5
5
5
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5
5
6
6
6
6
6
6
10
10, 11
10
10
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7
8
7
9
7
7
8
8,9
8
7
6
10
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6-7
7
8
4
8
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Maximum rents-Continued.
Major capital improvement._.
Newly constructed housing-
Priority rating, Housing constructed with_.
Housing rented prior to June 1, 1942...
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units...
Services, Minimum...
Ka
$
Stri
Penalties__
Prohibitions.
Scope of Regulation………
Tenant farmers_
Domestic servants, caretakers, and other employees...
Hotels and rooming houses _ _
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7
JAN 7 1973
DATE DUE


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(D
273
AS
A 4 7
1
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 3 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
the Birmingham Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accom-
modations within the Birmingham Defense-Rental Area, as desig-
nated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942 have not been reduced and stabilized
by State or local regulation, or otherwise, in accordance with the rec-
ommendations set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the Bir-
mingham Defense-Rental Area on or about April 1, 1941. It is his
judgment that defense activities had not resulted in increases in rents
for such housing accommodations inconsistent with the purposes of
the Emergency Price Control Act of 1942 prior to April 1, 1941, but
did result in such increases commencing on or about that date. The
Administrator has made adjustments for such relevant factors as he
has determined and deemed to be of general applicability in respect
of such housing accommodations, including increases or decreases in
property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 3 for housing accom-
modations within the Birmingham Defense-Rental Area will be
generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the,
Act, this Maximum Rent Regulation No. 3 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 3 establishes the maximum rents which may be demanded or
received for use or occupancy on and after June 1, 1942 of all housing
accommodations within the Birmingham Defense-Rental Area, as
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, except as provided in paragraph (b)
of this section.
(b) This Maximum Rent Regulation No. 3 does not apply to the
following:
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, Sections 1388.111
to 1388.124, inclusive.
2 The Birmingham Defense-Rental Area consists of the County of Jefferson, in the State
of Alabama.
466334°-42

2
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(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of rendering
services in connection with the premises of which the dwelling space
is a part;
C
3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 3 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 3.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 3 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
{
SECTION 2. Prohibition Against Higher Than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942 of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 3; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent
Regulation No. 3 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 3 are for housing accommodations
including, as a minimum, services of the same type, quantity, and
quality as those provided on the date determining the maximum rent.
If, on June 1, 1942, the services provided for housing accommodations
are less than such minimum services, the landlord shall either restore
and maintain the minimum services or, before July 1, 1942, file a peti-
tion pursuant to Section 5 (b) for approval of the decreased services.
In all other cases the landlord shall provide the minimum services
unless and until an order is entered pursuant to Section 5 (b) approv-
ing a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
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(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing
accommodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first rent
after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stating
the maximum rent and such other information as may be required.
The Administrator may order a decrease in the maximum rent as
provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by
the Administrator. The landlord shall, prior to renting and in time.
to allow 15 days for action thereon, file a petition requesting the
Administrator to enter an order fixing the maximum rent therefor.
Such order shall be entered on the basis of the rent which the Ad-
ministrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since April 1, 1941.
V
ARRAN
472

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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent there-
for shall be the maximum rent. Within 5 days after so renting,
the landlord shall report the maximum rent. The Administrator
may order a decrease in such maximum rent as provided in Sec-
tion 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent
has been heretofore or is hereafter approved by the United States
or any agency thereof, the rent so approved but in no event more
than the first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Alabama or any of its political subdivisions or any agency
of any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings
or equipment, an increase or decrease of services, or a deterioration,
the adjustment in the maximum rent shall be the amount the Ad-
ministrator finds would have been on April 1, 1941 the difference in
the rental value of the housing accommodations by reason of such
change. In all other cases, except those under paragraphs (a) (7)
and (c) (6) of this section, the adjustment shall be on the basis of
the rent which the Administrator finds was generally prevailing in
the Defense-Rental Area for comparable housing accommodations
on April 1, 1941. In cases involving construction due consideration
shall be given to increased costs of construction, if any, since April
1, 1941. In cases under paragraphs (a) (7) and (c) (6) of this
section the adjustment shall be on the basis of the rents which the
Administrator finds were generally prevailing in the Defense-Rental
Area for comparable housing accommodations during the year ending
on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change.
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
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(2) There was, prior to April 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941, was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941; provided that no increase shall be granted while the lease
remains in force.
-
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other timès of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different maxi-
mum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942 file a petition requesting approval
of the decreased services. Except as above provided, the landlord shall
maintain the minimum services unless and until he has filed a petition
to decrease services and an order permitting a decrease has been entered
thereon; however, if it is impossible to provide the minimum services,
he shall file a petition within five days after the change of services.
occurs. The order on any petition under this paragraph may require
an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
1

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(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was not
fixed by the Administrator is higher than such generally prevailing
rent.
!
(2) There has been a substantial deterioration of the housing accom-
modations other than ordinary wear and tear since the date or order
determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations.
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determing the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
}

7
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 3 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 3. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise.
terminated, unless :
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 3; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest therein;
provided, however, that such refusal shall not be ground for removal
or eviction if such inspection or showing of the accommodations is
contrary to the provisions of the tenant's lease or other rental agree-
ment; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an 'obligation to pay rent, and has continued,
or failed to cure, such violation after written notice by the landlord
that the violation cease, or (ii) is committing or permitting a nuisance
or is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
$

8
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper au-
thorities, if such approval is required by local law, or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of
the Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
-
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 3 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed to
become the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 3, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as pro-
vided in this section.
ر

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(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
renoval of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 3 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of

10
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 3 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
}
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 3 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 3 may file petitions there for in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions. (a) When used in this Maximum Rent
Regulation No. 3:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Birmingham Defense-Rental Area or
such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the Birmingham Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the
foregoing.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or dwell-
ing purposes, together with all privileges, services, furnishings, furni-
ture, equipment, facilities and improvements connected with the use
or occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
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elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility
connected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10). The term "rent" means the consideration, including any
bonus, benefit, or gratuity, demanded or received for the use or occu-
pany of housing accommodations or for the transfer of a lease of such
accommodations.
*
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
?
(12) The term "rooming house" means, in addition to its cus-
tomary usage, a building or portion of a building other than a hotel
in which a furnished room or rooms not constituting an apartment
are rented on a short time basis of daily, weekly or monthly occu-
pancy to more than two paying tenants not members of the landlord's
immediate family. The term includes boarding houses, dormitories,
auto camps, trailers, residence clubs, tourist homes or cabins, and
all other establishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall
apply to other terms used in this Maximum Rent Regulation No. 3.
SECTION 14. Effective Date of the Regulation.—This Maximum
Rent Regulation No. 3 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed....
Grounds of adjustment on petition of landlord:
Major capital improvement__
Seasonal rents__.
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment_
Written lease:
In force April 1, 1941-
With varying rent__
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations__
Decrease in services, furniture, furnishings, or equipment_.
Deterioration__
Seasonal rents.
Special relationship between landlord and tenant_
Written lease with varying rent..
Amendment, Petition for...
Definitions..
Documents, filing of………….
INDEX
Evasion of Regulation__
Evictions:
Demolition or alteration of premises.
Desire not to offer accommodations for rent__
Failure to pay rent---
Immoral or illegal purpose---
Inspection or showing of premises by landlord__
Local law__.
Nuisance
Renewal of lease..
Sale__
+
Subtenants.
Use and occupancy by landlord_
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of_
Inspection by Administrator__
Leases, Effect of Regulation on..
Leases, underlying:
-
Maximum rent at termination of
Sale of
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing---
Housing rented on April 1, 1941...
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Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1 1941
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units.
Major capital improvement…..
Newly constructed housing.
Priority rating, Housing constructed with
Penalties.
Prohibitions.
Scope of Regulation...
Tenant farmers__
Domestic servants, caretakers, and other employees..
Hotels and rooming houses_
Services, Minimum_
:
U, S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY
JAN 7
JAN 7 1973
DATE DUE

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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 4 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
the Mobile Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accommo-
dations within the Mobile Defense-Rental Area,' as designated in
the Designation and Rent Declaration issued by the Administrator
on March 2, 1942, have not been reduced and stabilized by State or
local regulation, or otherwise, in accordance with the recommenda-
tions set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration
to the rents prevailing for housing accommodations within the Mo-
bile Defense-Rental Area on or about April 1, 1941. It is his judg-
ment that defense activities had not resulted in increases in rents
for such housing accommodations inconsistent with the purposes
of the Emergency Price Control Act of 1942 prior to April 1, 1941,
but did result in such increases commencing on or about that date.
The Administrator has made adjustments for such relevant factors
as he has determined and deemed to be of general applicability in
respect of such housing accommodations, including increases or de-
creases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 4 for housing accom-
modations within the Mobile Defense-Rental Area will be generally
fair and equitable and will effectuate the purposes of the Emergency
Price Control Act of 1942.
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Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 4 is hereby issued.
SECTION 1. Scope of Regulation.— (a) This Maximum Rent Regu-
lation No. 4 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942, of all
housing accommodations within the Mobile Defense-Rental Area,
as designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, except as provided in paragraph
(b) of this section.
(b) This Maximum Rent Regulation No. 4 does not apply to the
following:
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1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.161
to 1388.174, inclusive.
466331°—42
2 The Mobile Defense-Rental Area consists of the County of Mobile, in the State of
Alabama.
2
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers,
managers, or other employees to whom the space is provided as part
of their compensation and who are employed for the purpose of
rendering services in connection with the premises of which the
dwelling space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 4 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as
those provisions are inconsistent with this Maximum Rent Regula-
tion No. 4.
(d) An agreement by the tenant to waive the benefit of any
provision of this Maximum Rent Regulation No. 4 is void. A ten-
ant shall not be entitled by reason of this Regulation to refuse to
pay or to recover any portion of any rents due or paid for use or
occupancy prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease, or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942, of any
housing accommodations within the Defense-Rental Area higher
than the the maximum rents provided by this Maximum Rent Regu-
lation No. 4; and no person shall offer, solicit, attempt, or agree to
do any of the foregoing. Lower rents than those provided by this
Maximum Rent Regulation No. 4 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 4 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide the
minimum services unless and until an order is entered pursuant to
Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
3
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941, nor
during the two months ending on that date, but rented prior to June
1, 1942, the first rent for such accommodations after April 1, 1941.
On or before July 1, 1942, every landlord of housing accommodations
under this paragraph shall file a report on the form provided for
each of such accommodations stating the maximum rent and such
other information as may be required. The Administrator may order
a decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a
major capital improvement as distinguished from ordinary repair,
replacement and maintenance, the first rent for such accommodations
after such construction or change; provided, however, that, where
such first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent there-
for shall be the maximum rent. Within 5 days after so renting, the
landlord shall report the maximum rent. The Administrator may
order a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Alabama or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.—In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941, the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be
given to increased costs of construction, if any, since April 1, 1941.
In cases under paragraphs (a) (7) and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for com-
parable housing accommodations during the year ending on April 1,
1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942, a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement, and maintenance.
(2) There was, prior to April 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommo-
5
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dations by a major capital improvement as distinguished from ordi-
nary repair, replacement, and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furniture,
furnishings, or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal, or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941, a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord
shall maintain the minimum services unless and until he has filed a
petition to decrease services and an order permitting a decrease has
been entered thereon; however, if it is impossible to provide the
minimum services, he shall file a petition within five days after the
change of services occurs. The order on any petition under this
paragraph may require an appropriate adjustment in the maximum
rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
·ས
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(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on April 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the
rent was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings, or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal, or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower
rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may, if he deems it advisable, provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is
in dispute between the landlord and the tenant, or is in doubt, or is
not known, the Administrator on petition of the landlord filed prior
to July 1, 1942, or at any time on his own initiative, may enter an
order fixing the maximum rent by determining such fact; or if the
Administrator is unable to ascertain such fact he shall enter the order
on the basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occupancy
for a rent not in excess of the aggregate maximum rents of the
separate dwelling units, or may rent the separate dwelling units for
rents not in excess of the maximum rents applicable to such units.
7
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition
the Administrator for leave to exercise any right he would have
except for this Maximum Rent Regulation No. 4 to sell his under-
lying lease or other rental agreement. The Administrator may grant
such petition if he finds that the sale will not result, and that sales
of such character would not be likely to result, in the circumvention
or evasion of the Act or this Maximum Rent Regulation No. 4. He
may require that the sale be made on such terms as he deems necessary
to prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise.
terminated, unless :
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 4; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee, or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground
for removal or eviction if such inspection or showing of the accom-
modations is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued,
or failed to cure, such violation after written notice by the landlord
that the violation cease, or (ii) is committing or permitting a nuisance
or is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
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(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in god faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 4 and would not be likely
to result in the circumvention or evasion thereof.
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction, or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 4, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
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violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as
provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration. On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall
obtain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SEOTION 9. Evasion. The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 4 shall not be evaded,

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either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 4 are subject to criminal penalties,
civil enforcement actions, and suits for treble damages as provided for
by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 4 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 4 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 4:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director, or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Mobile Defense-Rental Area or such
person or persons as may be designated to carry out any of the duties
delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the Mobile Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes the
United States or any agency thereof, or any other government, or any
of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations” means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
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(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and laun-
dry facilities and privileges, maid service, linen service, janitor service,
the removal of refuse and any other privilege or facility connected
with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy
of housing accommodations or for the transfer of a lease of such
accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short-time basis of daily, weekly, or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 4.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 4 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
*
LEON HENDERSON, Administrator.
mat
14
:
Adjustment of maximum rents:
Extent of adjustment to be allowed__.
Grounds of adjustment on petition of landlord:
INDEX
Major capital improvement...
Seasonal rents___
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment..
Written lease:
In force April 1, 1941...
With varying rent.___.
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment.-
Deterioration.
Amendment, Petition for...
Definitions..
Documents, Filing of…….
Seasonal rents.
Special relationship between landlord and tenant_.
Written lease with varying rent..
Evasion of Regulation…….
Evictions:
Demolition or alteration of premises..
Desire not to offer accommodations for rent_
Failure to pay rent__
Immoral or illegal purpose_--
Inspection or showing of premises by landlord..
Local law___
Nuisance_
Renewal of lease_
Sale..
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Subtenants.
Use and occupancy by landlord_
Violation of obligation of tenancy-
Facts in doubt or dispute, Determination of.
Inspection by Administrator__
Leases, Effect of Regulation on---
Leases, underlying:
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Housing rented on April 1, 1941-
Housing rented between February 1, 1941, and April 1, 1941.
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Maximum rent at termination of.
Sale of ___
Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing--.
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Maximum rents-Continued.
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Housing rented prior to June 1, 1942.
Housing not rented between November 1, 1940, and June 1, 1942...
Increase or decrease in number of dwelling units.
Major capital improvement...
Newly constructed housing-
Priority rating, Housing constructed with_.
<<
Penalties ---
Prohibitions--
Scope of Regulation__.
Tenant farmers.
Domestic servants, caretakers, and other employees__
Hotels and rooming houses_
Services, Minimum..
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY

JAN 7 197
JAN 7 1973
DATE DUE
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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 5 for Housing Accom-
modations Other Than Hotels and Rooming Houses ·
in a Portion of the Bridgeport Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accom-
modations within that portion of the Bridgeport Defense-Rental Area
designated in the Designation and Rent Declaration issued by the Ad-
ministrator on March 2, 1942 (consisting of the Towns of Bridgeport,
Easton, Fairfield, Shelton, Stratford, Trumbull, and Westport, in the
County of Fairfield, in the State of Connecticut), have not been
reduced and stabilized by State or local regulation, or otherwise, in
accordance with the recommendations set forth in said Designation
and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the said por-
tion of the Bridgeport Defense-Rental Area on or about April 1, 1941.
It is his judgment that defense activities had not resulted in increases
in rents for such housing accommodations inconsistent with the pur-
poses of the Emergency Price Control Act of 1942 prior to April 1,
1941, but did result in such increases commencing on or about that
date. The Administrator has made adjustments for such relevant
factors as he has determined and deemed to be of general applicability
in respect of such housing accommodations, including increases or
decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 5 for housing accom-
modations within the said portion of the Bridgeport Defense-Rental
Area will be generally fair and equitable and will effectuate the
purposes of the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 5 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 5 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
housing accommodations within that portion of the Bridgeport De-
fense-Rental Area designated in the Designation and Rent Declaration
issued on March 2, 1942 (consisting of the Towns of Bridgeport,
Easton, Fairfield, Shelton, Stratford, Trumbull, and Westport, in
the County of Fairfield, in the State of Connecticut-hereinafter
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.211
to 1388.224, inclusive.
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referred to in this Maximum Rent Regulation No. 5 as the "Defense-
Rental Area"), except as provided in paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 5 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers,
managers, or other employees to whom the space is provided as part
of their compensation and who are employed for the purpose of
rendering services in connection with the premises of which the
dwelling space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 5 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation
No. 5.
(d) An agreement by the tenant to waive the benefit of any pro-
vision of this Maximum Rent Regulation No. 5 is void. A tenant
shall not be entitled by reason of this Regulation to refuse to pay or
to recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942, of any hous-
ing accommodations within the Defense-Rental Area higher than the
maximum rents provided by this Maximum Rent Regulation No. 5;
and no person shall offer, solicit, attempt, or agree to do any of the
foregoing. Lower rents than those provided by this Maximum Rent
Regulation No. 5 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 5 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide the
minimum services unless and until an order is entered pursuant to
Section 5 (b) approving a decrease of such services.
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SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations un-
der this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such first
rent was fixed by a lease which was in force at the time of a major
capital improvement, the maximum rent shall be the first rent after
termination of such lease. On or before July 1, 1942, every landlord of
housing accommodations under this paragraph shall file a report on
the form provided for each of such accommodations stating the maxi-
mum rent and such other information as may be required. The Ad-
ministrator may order a decrease in the maximum rent as provided
in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Ad-
ministrator to enter an order fixing the maximum rent therefor.
Such order shall be entered on the basis of the rent which the Ad-
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ministrator finds was generally prevailing in the 'Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since April 1, 1941.
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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Connecticut or any of its political subdivisions or any agency
of any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The Ad-
ministrator may order a decrease in the maximum rent as provided
in Section 5 (c).
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SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be
given to increased costs of construction, if any, since April 1, 1941.
In cases under paragraphs (a) (7) and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for com-
parable housing accommodations during the year ending on April
1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
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(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was
established by a written lease which provided for a substantially
higher rent at other periods during the term of such lease; provided
that no increase shall be granted in excess of the rent provided by
said lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different.
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those.
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the land-
lord shall maintain the minimum services unless and until he has filed
a petition to decrease services and an order permitting a decrease has
been entered thereon; however, if it is impossible to provide the
minimum services, he shall file a petition within five days after the
change of services occurs. The order on any petition under this
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paragraph may require an appropriate adjustment in the maximum
rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum
rent otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on April 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the
rent was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing
accommodations other than ordinary wear and tear since the date or
order determining its maximum rent.
1
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was
materially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower
rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the*
basis of the rent which he finds was generally prevailing in the De-
fense-Rental Area for comparable housing accommodations on April
1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
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persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 5 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or eva-
sion of the Act or this Maximum Rent Regulation No. 5. He may
require that the sale be made on such terms as he deems necessary to
prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 5; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
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(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental agree-
ment with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot.
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for him-
self, his family or dependents; or the landlord seeks in good faith
not to offer the housing accommodations for rent. If a tenant has
been removed or evicted under this paragraph (a) (6) from housing
accommodations, such accommodations shall not be rented for a
period of six months after such removal or eviction without permission
of the Administrator. The landlord may petition the Administrator
for permission to rent the accommodations during such six-month
period, and the Administrator shall grant such permission if he finds
that the action was in good faith and not for the purpose of evading
any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 5 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed
to become the tenants of the landlord on the same terms and condi-
tions, consistent with this Maximum Rent Regulation No. 5, as they
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would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who con-
tinue in occupancy under this paragraph may be removed or evicted
as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration. On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall ob-
tain the tenant's signature and the date thereof on the back of such
statement. Within five days after renting to a new tenant, the land-
lord shall file a notice on the form provided therefor, on which he
shall obtain the tenant's signature, stating that there has been a
change in tenancy, that the stamped copy of the registration state-
ment has been exhibited to the new tenant and that the rent for such
accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
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accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 5 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 5 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 5 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 5 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 5:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Bridgeport Defense-Rental Area or
such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Bridgeport Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
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or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with
the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of any
housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 5.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 5 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed..-
Grounds of adjustment on petition of landlord:
Major capital improvement..
Seasonal rents...
Special relationship between landlord and tenant_.
Increase in services, furniture, furnishings or equipment__
Written lease:
INDEX
In force April 1, 1941.
With varying rent_
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___.
Decrease in services, furniture, furnishings, or equipment_
Deterioration__
Seasonal rents__.
Special relationship between landlord and tenant_
Written lease with varying rent__
Amendment, petition for
Definitions_.
Documents, filing of
Evasion of Regulation---.
Evictions:
Demolition or alteration of premises.
Desire not to offer accommodations for rent___
Failure to pay rent__
Immoral or illegal purpose--.
Inspection or showing of premises by landlord-
Local law_.
Nuisance
Renewal of lease___
Sale__
Subter.ants__
Use and occupancy by landlord_
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of
Inspection by Administrator_.
Leases, effect of Regulation on..
Leases, enderlying:
Maximum rent at termination of….
Sale of...
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished_
Government-owned housing.
Housing rented on April 1, 1941.
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2.
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Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941.
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units.
Major capital improvement.
Newly constructed housing-
Priority rating, housing constructed with..
Penalties
Prohibitions_
Scope of Regulation…….
Tenant farmers.
Domestic servants, caretakers, and other employees--
Hotels and rooming houses_.
Services, minimum_
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1974
JAN 7 1973
DATE DUE

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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 6 for Housing Accom-
modations Other Than Hotels and Rooming Houses
in a Portion of the Hartford-New Britain Defense-
Rental Area ¹
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In the judgment of the Administrator, rents for housing accom-
modations within that portion of the Hartford-New Britain Defense-
Rental Area designated in the Designation and Rent Declaration
issued by the Administrator on March 2, 1942 (consisting of the Towns
of Berlin, Bloomfield, Bristol, East Hartford, East Windsor, Farm-
ington, Glastonbury, Hartford, Manchester, New Britain, Newington,
Plainville, Rocky Hill, Southington, South Windsor, West Hartford,
Wethersfield, Windsor, and Windsor Locks, in the County of Hart-
ford; the Towns of Cromwell, Middlefield, Middletown, and Portland,
in the County of Middlesex; the Towns of Meriden and Wallingford,
in the County of New Haven; and the Town of Vernon, in the County
of Tolland, all in the State of Connecticut), have not been reduced and
stabilized by State or local regulation, or otherwise, in accordance
with the recommendations set forth in said Designation and Rent
Declaration.
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The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the said por-
tion of the Hartford-New Britain Defense-Rental Area on or about
April 1, 1941. It is his judgment that defense activities had not
resulted in increases in rents for such housing accommodations incon-
sistent with the purposes of the Emergency Price Control Act of 1942
prior to April 1, 1941, but did result in such increases commencing on
or about that date. The Administrator has made adjustments for
such relevant factors as he has determined and deemed to be of general
applicability in respect of such housing accommodations, including
increases or decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 6 for housing accom-
modations within the said portion of the Hartford-New Britain
Defense-Rental Area will be generally fair and equitable and will
effectuate the purposes of the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by
the Act, this Maximum Rent Regulation No. 6 is hereby issued.
1 Published in the Feder Register as Title 32, Chapter XI, Part 1388, Secs. 1388.261 to
1388.274, inclusive.
465781°-42
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SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 6 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
housing accommodations within that portion of the Hartford-New
Britain Defense-Rental Area designated in the Designation and Rent
Declaration issued by the Administrator on March 2, 1942 (consisting
of the Towns of Berlin, Bloomfield, Bristol, East Hartford, East
Windsor, Farmington, Glastonbury, Hartford, Manchester, New
Britain, Newington, Plainville, Rocky Hill, Southington, South
Windsor, West Hartford, Wethersfield, Windsor, and Windsor Locks,
in the County of Hartford; the Towns of Cromwell, Middlefield,
Middletown, and Portland, in the County of Middlesex; the Towns
of Meriden and Wallingford, in the County of New Haven; and the
Town of Vernon, in the County of Tolland, all in the State of Con-
necticut-hereinafter referred to in this Maximum Rent Regulation
No. 6 as the "Defense-Rental Area"), except as provided in paragraph
(b) of this section.
(b) This Maximum Rent Regulation No. 6 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of rendering
services in connection with the premises of which the dwelling space
is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 6 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 6.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 6 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 6; and
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DEPOSITED BY THE
UNITED STATES OF AMERICA
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no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent
Regulation No. 6 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 6 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942, file
a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.—Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other in-
formation as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such first
rent was fixed by a lease which was in force at the time of a major
capital improvement, the maximum rent shall be the first rent after
termination of such lease. On or before July 1, 1942, every landlord
of housing accommodations under this paragraph shall file a report on
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the form provided for each of such accommodations stating the maxi-
mum rent and such other information as may be required. The Ad-
ministrator may order a decrease in the maximum rent as provided
in Section 5 (c).
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(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases in-
volving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Connecticut or any of its political subdivisions or any agency
of any of the foregoing, the rent generally prevailing in the De-
fense-Rental Area for comparable housing accommodations on April
1, 1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as pro-
vided in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capi-
tal improvement, an increase or decrease in the furniture, furnish-
ings or equipment, an increase or decrease of services, or a deteriora-
tion, the adjustment in the maximum rent shall be the amount the
Administrator finds would have been on April 1, 1941 the difference
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in the rental value of the housing accommodations by reason of such
change. In all other cases, except those under paragraphs (a) (7)
and (c) (6) of this section, the adjustment shall be on the basis of
the rent which the Administrator finds was generally prevailing in
the Defense-Rental Area for comparable housing accommodations
on April 1, 1941. In cases involving construction due consideration
shall be given to increased costs of construction, if any, since April
1, 1941. In cases under paragraphs (a) (7) and (c) (6) of this
section the adjustment shall be on the basis of the rents which the
Administrator finds were generally prevailing in the Defense-Rental
Area for comparable housing accommodations during the year end-
ing on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
turê, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the De-
fense-Rental Area for comparable housing accommodations on April
1, 1941; provided that no increase shall be granted while the lease
remains in force.
(6) The rent on the date determining the maximum rent was es- .
tablished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
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demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those.
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the land-
lord shall maintain the minimum services unless and until he has filed
a petition to decrease services and an order permitting a decrease has
been entered thereon; however, if it is impossible to provide the mini-
mum services, he shall file a petition within five days after the change
of services occurs. The order on any petition under this paragraph
may require an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on April 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the rent.
was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
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(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
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(4) The rent on the date determining the maximum rent was
materially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower
rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
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(d) If the rent on the date determining the maximum rent, or any
'other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the De-
fense-Rental Area for comparable housing accommodations on April
1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the
landlord may rent the entire premises for use by similar occupancy
for a rent not in excess of the aggregate maximum rents of the sepa-
rate dwelling units, or may rent the separate dwelling units for rents.
not in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 6 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 6. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
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SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise.
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 6; or
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(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations, to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommo-
dations is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a
dwelling by himself, his family or dependents; or he has in good
faith contracted in writing to sell the accommodations for immediate
use and occupancy by a purchaser, who in good faith has represented
in writing that he will use the accommodations as a dwelling for him-
self, his family or dependents; or the landlord seeks in good faith not
to offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of
the Administrator. The landlord may petition the Administrator
for permission to rent the accommodations during such six-month
period, and the Administrator shall grant such permission if he finds
that the action was in good faith and not for the purpose of evading
any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Adminis-
trator certifies that the landlord may pursue his remedies in accord-
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ance with the requirements of the local law. The Administrator
shall so certify if the landlord establishes that removals or evictions
of the character proposed are not inconsistent with the purposes of
the Act or this Maximum Rent Regulation No. 6 and would not be
likely to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accom-
modations or a predominant part thereof are occupied by one of more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed
to become the tenants of the landlord on the same terms and condi-
tions, consistent with this Maximum Rent Regulation No. 6, as they
would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or
evicted as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the
local law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall ob-
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tain the tenant's signature and the date thereof on the back of such
statement. Within five days after renting to a new tenant, the land-
lord shall file a notice on the form provided therefor, on which he
shall obtain the tenant's signature, stating that there has been a
change in tenancy, that the stamped copy of the registration state-
ment has been exhibited to the new tenant and that the rent for such
accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
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SECTION 9. Evasion. The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 6 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commisisons or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
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SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 6 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 6 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 6 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 6:
(1) The term "Act" means the Emergency Price Control Act of
1942.
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(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Hartford-New Britain Defense-
Rental Area or such person or persons as may be designated to
carry out any of the duties delegated to the Rent Director by the
Administrator.

(4) The term "Area Rent Office" means the office of the Rent
Director in the Hartford-New Britain Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility
connected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor,
assignee or other person receiving or entitled to receive rent for the
use or occupancy of any housing accommodations, or an agent of any
of the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy
of housing accommodations or for the transfer of a lease of such
accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
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a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar naturę.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 6.
SECTION 14. Effective Date of the Regulation.—This Maximum
Rent Regulation No. 6 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed...
Grounds of adjustment on petition of landlord:
Major capital improvement.
Seasonal rents___
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment_ _ _
Written lease:
Seasonal rents___
Special relationship between landlord and tenant_
Written lease with varying rent-
Amendment, petition for-
Definitions_
INDEX
Documents, filing of
Evasion of Regulation---.
Evictions:
Demolition or alteration of premises...
Desiré not to offer accommodations for rent__
Failure to pay rent. -
Immoral or illegal purpose_-
Inspection or showing of premises by landlord-
Local law.
Nuisance_
Renewal of lease-
Sale____
In force April 1, 1941_-
With varying rent.
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations..
Decrease in services, furniture, furnishings, or equipment_-_
Deterioration__.
Subtenants.
Use and occupancy by landlord__
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of
Inspection by Administrator__
Leases, effect of Regulation on-
Leases, underlying:
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Maximum rent at termination of
Sale of__
Maximum rents:
Change from furnished to unfurnished or from unfurnished to fur-
nished.-
Government-owned housing…….
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​Maximum rents-Continued.
Housing rented on April 1, 1941..
Housing rented between February 1, 1941, and April 1, 1941_--
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units__.
Major capital improvement.
Newly constructed housing_
Priority rating, housing constructed with_
Penalties.
Prohibitions__.
Scope of Regulation.
Tenant farmers.
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Domestic servants, caretakers, and other employees..
Hotels and rooming houses_
Services, minimum
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§. 8. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1973
DATE DUE
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です​。
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Columbus, Georgia-Maximum Rent Regulation No. 7
for Housing Accommodations Other Than Hotels and
Rooming Houses in the Columbus, Georgia Defense-
Rental Area
1

2
In the judgment of the Administrator, rents for housing accom-
modations within the Columbus, Georgia Defense-Rental Area, as
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, have not been reduced and stabi-
lized by State or local regulation, or otherwise, in accordance with
the recommendations set forth in said Designation and Rent Decla-
ration.

It is the judgment of the Administrator that by April 1, 1941 de-
fense activities already had resulted in increases in rents for housing
accommodations within the Columbus, Georgia Defense-Rental Area
inconsistent with the purposes of the Emergency Price Control Act
of 1942. The Administrator has therefore ascertained a.. 1 given due
consideration to the rents prevailing for housing accommodations
within the Columbus, Georgia Defense-Rental Area on or about
January 1, 1941; and it is his judgment that the most recent date.
which does not reflect increases in rents for such housing accommoda-
tions inconsistent with the purposes of the Act is on or about that
date. The Administrator has made adjustments for such relevant
factors as he has determined and deemed to be of general applicability
in respect of such housing accommodations, including increases or
decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 7 for housing accom-
modations within the Columbus, Georgia, Defense-Rental Area will
be generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 7 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 7 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
housing accommodations within the Columbus, Georgia, Defense-
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.311
to 1388.324, inclusive.
"The Columbus, Georgia, Defense-Rental Area consists of the County of Muscogee, in the
State of Georgia; and in the County of Russell, Election- Precinct One, including the City
of Phenix City, in the State of Alabama.
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Rental Area, as designated in the Designation and Rent Declaration
issued by the Administrator on March 2, 1942, except as provided in
paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 7 does not apply to the
following:
1
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 7 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation
No. 7.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 7 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.

SECTION 2. Prohibition Against Higher Than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the
maximum rents provided by this Maximum Rent Regulation No. 7;
and no person shall offer, solicit, attempt, or agree to do any of the
foregoing. Lower rents than those provided by this Maximum Rent
Regulation No. 7 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 7 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942,
file a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
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SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on January 1, 1941, the
rent for such accommodations on that date.
(b) For housing accommodations not rented on January 1, 1941,
but rented at any time during the two months ending on that date,
the last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on January 1, 1941,
nor during the two months ending on that date, but rented prior to
June 1, 1942, the first rent for such accommodations after January 1,
1941. On or before July 1, 1942, every landlord of housing accom-
modations under this paragraph shall file a report on the form pro-
vided for each of such accommodations stating the maximum rent
and such other information as may be required. The Administrator
may order a decrease in the maximum rent as provided in Section
5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates.
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment, and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such first
rent was fixed by a lease which was in force at the time of a major
capital improvement, the maximum rent shall be the first rent after
termination of such lease. On or before July 1, 1942, every landlord
of housing accommodations under this paragraph shall file a report
on the form provided for each of such accommodations stating the
maximum rent and such other information as may be required. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between November 1, 1940, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
}
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tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on January 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since January 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Georgia or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as pro-
vided in Section 5 (c).
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SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on January 1, 1941, the difference in
the rental value of the housing accommodations by reason of such
change. In all other cases, except those under paragraphs (a) (7)
and (c) (6) of this section, the adjustment shall be on the basis of
the rent which the Administrator finds was generally prevailing in
the Defense-Rental Area for comparable housing accommodations
on January 1, 1941. In cases involving construction due considera-
tion shall be given to increased costs of construction, if any, since
January 1, 1941. In cases under paragraphs (a) (7) and (c) (6)
of this section the adjustment shall be on the basis of the rents which
the Administrator finds were generally prevailing in the Defense-
Rental Area for comparable housing accommodations during the
year ending January 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942, a substantial change .
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in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement, and maintenance.
(2) There was, prior to January 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement, and maintenance, and the rent on January
1, 1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings, or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was
materially affected by the blood, personal, or other special relation-
ship between the landlord and the tenant and as a result was sub-
stantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1
1941.
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(5) There was in force on January 1, 1941, a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1941; provided that no increase shall be granted while the lease
remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the
landlord shall maintain the minimum services unless and until he
has filed a petition to decrease services and an order permitting a
decrease has been entered thereon; however, if it is impossible to
provide the minimum services, he shall file a petition within five days.
after the change of services occurs. The order on any petition under
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this paragraph may require an appropriate adjustment in the maxi-
mum rent.
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(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum
rent otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent gener-
ally prevailing in the Defense-Rental Area for comparable housing
accommodations on January 1, 1941; or the maximum rent for hous-
ing accommodations under paragraph (e) of Section 4 for which the
rent was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing
accommodations, other than ordinary wear and tear since the date
or order determining its maximum rent.
(3) There has been a substantial decrease in the services, furni-
ture, furnishings, or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was
materially affected by the blood, personal, or other special relation-
ship between the landlord and the tenant and as a result was sub-
stantially higher than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
January 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
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other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occu-
pancy for a rent not in excess of the aggregate maximum rents of the
separate dwelling units, or may rent the separate dwelling units for
rents not in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition
the Administrator for leave to exercise any right he 'would have
except for this Maximum Rent Regulation No. 7 to sell his under-
lying lease or other rental agreement. The Administrator may grant
such petition if he finds that the sale will not result, and that sales of
such character would not be likely to result, in the circumvention or
evasion of the Act or this Maximum Rent Regulation No. 7. He may
require that the sale be made on such terms as he deems necessary
to prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 7; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued,
or failed to cure, such violation after written notice by the landlord
that the violation cease, or (ii) is committing or permitting a nui-
sance or is using or permitting a use of the housing accommodations
for an immoral or illegal purpose; or
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(4) The tenant's lease or other, rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for him-
self, his family or dependents; or the landlord seeks in good faith
not to offer the housing accommodations for rent. If a tenant has
been removed or evicted under this paragraph (a) (6) from housing
accommodations, such accommodations shall not be rented for a
period of six months after such removal or eviction without permis-
sion of the Administrator. The landlord may petition the Adminis-
trator for permission to rent the accommodations during such six-
month period, and the Administrator shall grant such permission if
he finds that the action was in good faith and not for the purpose
of evading any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 7 and would not be likely to
result in the circumvention or evasion thereof.
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord has
sought a higher rent as authorized by section 5 (e), and at the time
of such removal, eviction or termination the housing accommodations
or a predominant part thereof are occupied by one or more subtenants
or other persons who occupied under a rental agreement with the ten-
ant, such subtenants or other occupants shall be deemed to become the
tenants of the landlord on the same terms and conditions, consistent
with this Maximum Rent Regulation No. 7, as they would have held
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from the tenant if his tenancy had continued and their maximum rents
shall remain unchanged; provided, however, that this paragraph shall
not prevent the removal or eviction of a subtenant or other such occu-
pant where the tenant rented to such person in violation of the obliga-
tions of his tenancy. Persons who continue in occupancy under this
paragraph may be removed or evicted as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require: The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new.
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommoda-
tions is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
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SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 7 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 7 are subject to criminal penalties,
civil enforcement actions, and suits for treble damages as provided
for by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 7 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 7 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 7:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Columbus, Georgia Defense-Rental
Area or such person or persons as may be designated to carry out any
of the duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Columbus, Georgia Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes the
United States or any agency thereof, or any other government, or any
of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
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purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities, and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating, and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with the
use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of -
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly, or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 7.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 7 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
:
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Adjustment of maximum rents:
Extent of adjustment to be allowed..
Grounds of adjustment on petition of landlord:
Major capital improvement..
Seasonal rents...
Special relationship between landlord and tenant__
Increase in services, furniture, furnishings, or equipment.--
Written lease:
In force January 1, 1941.
With varying rent..
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment_-
Deterioration__
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Seasonal rents__
Special relationship between landlord and tenant_
Written lease with varying rent__
Amendment, Petition for..
Definitions__
Documents, Filing of..
Evasion of Regulation…….
Evictions:
Demolition or alteration of premises. -
Desire not to offer accommodations for rent..
Failure to pay rent..
Immoral or illegal purpose_
Inspection or showing of premises by landlord..
Local law.__.
Nuisance__
Renewal of lease.
Sale____
Subtenants
Use and occupancy by landlord_
Violation of obligation of tenancy..
Facts in doubt or dispute, Determination of..
Inspection by Administrator..
Leases, Effect of Regulation on...
Leases, underlying:
Maximum rent at termination of.
Sale of
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Housing rented on January 1, 1941.
Housing rented between November 1, 1940, and January 1, 1941.
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing_
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Maximum rents-Continued.
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units..
Major capital improvement..
Newly constructed housing -
A
Priority rating, Housing constructed with_
Penalties
Prohibitions..
Scope of Regulation_-
Tenant farmers_
Services, Minimum..
Domestic servants, caretakers, and other employees..
Hotels and rooming houses.
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U. S. GOVERNMENT PRINTING OFFICE: 1942
Page
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY
JAN 7
JAN 7 1973
DATE DUE

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As
:
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 8 for Housing Accom-
modations Other Than Hotels and Rooming Houses
in a Portion of the South Bend Defense-Rental Area¹

In the judgment of the Administrator, rents for housing accommo-
dations within the South Bend Defense-Rental Area,2 as designated
in the Designation and Rent Declaration issued by the Administrator.
on March 2, 1942, have not been reduced and stabilized by State or
local regulation, or otherwise, in accordance with the recommenda-
tions set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the South
Bend Defense-Rental Area on or about April 1, 1941. It is his judg-
ment that defense activities had not resulted in increases in rents
for such housing accommodations inconsistent with the purposes of
the Emergency Price Control Act of 1942 prior to April 1, 1941,
but did result in such increases commencing on or about that date.
The Administrator has made adjustments for such relevant factors
as he has determined and deemed to be of general applicability in
respect of such housing accommodations, including increases or
decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 8 for housing accom-
modations within the South Bend Defense-Rental Area will be
generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 8 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 8 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
housing accommodations within the South Bend Defense-Rental
Area, as designated in the Designation and Rent Declaration issued
by the Administrator on March 2, 1942, except as provided in para-
graph (b) of this section.
(b) This Maximum Rent Regulation No. 8 does not apply to the
following:
1 Published in the Federal Register as Title 82, Chapter XI, Part 1388, sections 1388.361
to 1388.374, inclusive.
* The South Bend Defense-Rental Area consists of the Counties of St. Joseph and Elkhart,
in the State of Indiana.
465779°-42
2
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(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of ren-
dering services in connection with the premises of which the dwelling
space is a part;
r
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(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 8 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
in in force pursuant to the terms thereof, except insofar as those
ovisions are inconsistent with this Maximum Rent Regulation
No. 8.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 8 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942 of any hous-
ing accommodations within the Defense-Rental Area higher than the
maximum rents provided by this Maximum Rent Regulation No. 8;
and no person shall offer, solicit, attempt, or agree to do any of the
foregoing. Lower rents than those provided by this Maximum Rent
Regulation No. 8 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 8 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of
the decreased services. In all other cases the landlord shall provide
the minimum services unless and until an order is entered pursuant
to Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
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(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June
1, 1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations un-
der this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates.
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first rent
after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum.
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases in-
volving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent there-
for shall be the maximum rent. Within 5 days after so renting, the
landlord shall report the maximum rent. The Administrator may
order a decrease in such maximum rent as provided in Section 5 (c).
}
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Indiana or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The Ad-
ministrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings, or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be
given to increased costs of construction, if any, since April 1, 1941.
In cases under paragraphs (a) (7), and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for
comparable housing accommodations during the year ending on
April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
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(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
· April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
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(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
:
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
trator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord
shall maintain the minimum services unless and until he has filed a
petition to decrease services and an order permitting a decrease has
been entered thereon; however, if it is impossible to provide the mini-
mum services, he shall file a petition within five days after the change
of services occurs. The order on any petition under this paragraph
may require an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
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(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was
not fixed by the Administrator is higher than such generally pre-
vailing rent.
(2) There has been a substantial deterioration of the housing
accommodations other than ordinary wear and tear since the date
or order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
1
(4) The rent on the date determining the maximum rent was
materially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower
rent at other periods during the term of such lease.
*
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
-
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the De-
fense-Rental Area for comparable housing accommodations on April
1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
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Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 8 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or eva-
sion of the Act or this Maximum Rent Regulation No. 8. He may
require that the sale be made on such terms as he deems necessary
to prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 8; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or slowing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
}
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
1
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
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(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 8 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommo-
dations or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed
to become the tenants of the landlord on the same terms and condi-
tions, consistent with this Maximum Rent Regulation No. 8, as they
would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
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person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or evicted
as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration. On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
i
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements.
provided in this Maximum Rent Regulation No. 8 shall not be evaded,
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either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 8 are subject to criminal pen-
alties, civil enforcement actions, and suits for treble damages as
provided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 8 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 8 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 8:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the South Bend Defense-Rental Area or
such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the South Bend Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or dwell-
ing purposes, together with all privileges, services, furnishings, fur-
niture, equipment, facilities and improvements connected with the use
or occupancy of such property.
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(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and laun-
dry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility
connected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any
bonus, benefit, or gratuity, demanded or received for the use or oc-
cupancy of housing accommodations or for the transfer of a lease of
such accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its custom-
ary usage, a building or portion of a building other than a hotel in
which a furnished room or rooms not constituting an apartment are
rented on a short time basis of daily, weekly or monthly occupancy to
more than two paying tenants not members of the landlord's immedi-
ate family. The term includes boarding houses, dormitories, auto
camps, trailers, residence clubs, tourist homes or cabins, and all other
establishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 8.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 8 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed...
Grounds of adjustment on petition of landlord:
Major capital improvement.
Seasonal rents___.
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment--.
Written lease:
INDEX
In force April 1, 1941.
With varying rent...
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations_.
Decrease in services, furniture, furnishings, or equipment..
Deterioration.
Amendment, Petition for..
Definitions..
Documents, filing of
Evasion of Regulation----
Evictions:
Seasonal rents..
Special relationship between landlord and tenant_
Written lease with varying rent__
Demolition or alteration of premises__
Desire not to offer accommodations for rent_
Failure to pay rent..
Immoral or illegal purpose_-
Inspection or showing of premises by landlord_
Local law_-
Nuisance_
Renewal of lease..
Sale____
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Subtenants.
Use and occupancy by landlord_
A
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of..
Inspection by Administrator__.
Leases, Effect of Regulation on….
Leases, underlying:
Maximum rent at termination of
Sale of
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing___.
Housing rented on April 1, 1941-
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Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941
Housing rented prior to June 1, 1942-
Housing not rented between February 1, 1941, and June 1, 1942-
Increase or decrease in number of dwelling units.
Penalties
Prohibitions_
Scope of Regulation….
Tenant farmers_
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Major capital improvement__
Newly constructed housing.
Priority rating, Housing constructed with
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Domestic servants, caretakers, and other employees-
Hotels and rooming houses _ _
Services, Minimum.
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B. S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY
DATE DUE
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​UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 9 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
a Portion of the Burlington Defense-Rental Area¹
..
In the judgment of the Administrator, rents for housing accom-
modations within that portion of the Burlington Defense-Rental
Area designated in the Designation and Rent Declaration issued by
the Administrator on March 2, 1942 (consisting of the Townships of
Augusta, Burlington, Concordia, Danville, Flint River, Tama, and
Union, in the County of Des Moines; the Townships of Baltimore,
Center, Mount Pleasant, and New London, in the Count of Henry;
and the Townships of Denmark, Green Bay, Madison, and Wash-
ington, in the County of Lee, all in the State of Iowa), have not
been reduced and stabilized by State or local regulation, or otherwise,
in accordance with the recommendations set forth in said Designa-
tion and Rent Declaration.
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It is the judgment of the Administrator that by April 1, 1941,
defense activities already had resulted in increases in rents for hous-
ing accommodations within the said portion of the Burlington
Defense-Rental Area inconsistent with the purposes of the Emergency
Price Control Act of 1942. The Administrator has therefore ascer-
tained and given due consideration to the rents prevailing for housing
accommodations within the said portion of the Burlington Defense-
Rental Area on or about January 1, 1941; and it is his judgment that
the most recent date which does not reflect increases in rents for
such housing accommodations inconsistent with the purposes of
the Act is on or about that date. The Administrator has made ad-
justments for such relevant factors as he has determined and deemed
to be of general applicability in respect of such housing accommoda-
tions, including increases or decreases in property taxes and other
costs.
In the judgment of the Administrator the maximum rents
established by this Maximum Rent Regulation No. 9 for housing
accommodations within the said portion of the Burlington Defense-
Rental Area will be generally fair and equitable and will effectuate
the purposes of the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 9 is hereby issued.
¹ Published in the Federal Register as Title 32, Chapter XI, part 1388, Sections 1388.411
to 1388.424, inclusive.
466329°-42
2
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 9 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942, of all
housing accommodations within that portion of the Burlington De-
fense-Rental Area designated in the Designation and Rent Declara-
tion issued by the Administrator on March 2, 1942 (consisting of
the Townships of Augusta, Burlington, Concordia, Danville, Flint
River, Tama, and Union, in the County of Des Moines; the Town-
ships of Baltimore, Center, Mount Pleasant, and New London, in
the County of Henry; and the Townships of Denmark, Green Bay,
Madison, and Washington, in the County of Lee, all in the State
of Iowa-hereinafter referred to in this Maximum Rent Regulation
No. 9 as the "Defense-Rental Area"), except as provided in paragraph
(b) of this section.
(b) This Maximum Rent Regulation No. 9 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 9 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 9.
(d) An agreement by the tenant to waive the benefit of any pro-
vision of this Maximum Rent Regulation No. 9 is void. A tenant
shall not be entitled by reason of this Regulation to refuse to pay
or to recover any portion of any rents due or paid for use or occu-
pancy prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942 of any
housing accommodations within the Defense-Rental Area higher than
the maximum rents provided by this Maximum Rent Regulation
No. 9; and no person shall offer, solicit, attempt, or agree to do any
of the foregoing. Lower rents than those provided by this Maximum
Rent Regulation No. 9 may be demanded or received.
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SECTION 3. Minimum Services.-This maximum rents provided by
this Maximum Rent Regulation No. 9 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide the
minimum services unless and until an order is entered pursuant to
Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on January 1, 1941, the
rent for such accommodations on that date.
JUL 20'42
(b) For housing accommodations not rented on January 1, 1941,
but rented at any time during the two months ending on that date,
the last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on January 1, 1941
nor during the two months ending on that date, but rented prior to
June 1, 1942, the first rent for such accommodations after January 1,
1941. On or before July 1, 1942, every landlord of housing accom-
modations under this paragraph shall file a report on the form pro-
vided for each of such accommodations stating the maximum rent
and such other information as may be required. The Administrator
may order a decrease in the maximum rent as provided in Section
5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after January 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first rent
after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stating
the maximum rent and such other information as may be required.
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The Administrator may order a decrease in the maximum rent as
provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between November 1, 1940 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on January 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since January 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
}
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Iowa or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on January 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which'
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the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on January 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since January 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
generally prevailing in the Defense-Rental Area for comparable hous-
ing accommodations during the year ending on January 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942, a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to January 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on January
1, 1941, was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on January 1, 1941.
(5) There was in force on January 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on January 1,
1941; provided that no increase shall be granted while the lease
remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
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maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the
landlord shall maintain the minimum services unless and until he
has filed a petition to decrease services and an order permitting a
decrease has been entered thereon; however, if it is impossible to
provide the minimum services, he shall file a petition within five days
after the change of services occurs. The order on any petition under
this paragraph may require an appropriate adjustment in the maxi-
mum rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum rent
otherwise allowable only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on January 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the rent
was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on January 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
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July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on
the basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
January 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occu-
pancy for a rent not in excess of the aggregate maximum rents of
the separate dwelling units, or may rent the separate dwelling units
for rents not in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 9 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or eva-
sion of the Act or this Maximum Rent Regulation No. 9. He may
require that the sale be made on such terms as he deems necessary to
prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 9; or
(2) The tenant has unreasonably refused the landlord access to
the housing accommodations for the purpose of inspection or of
showing the accommodations to a prospective purchaser, mortgagee
or prospective mortgagee, or other person having a legitimate in-
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terest therein; provided, however, that such refusal shall not be
ground for removal or eviction if such inspection or showing of the
accommodations is contrary to the provisions of the tenant's lease
or other rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord
that the violation cease, or (ii) is committing or permitting a nui-
sance or is using or permitting a use of the housing accommodations
for an immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or
of substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a
dwelling by himself, his family or dependents; or he has in good
faith contracted in writing to sell the accommodations for immediate
use and occupancy by a purchaser, who in good faith has repre-
sented in writing that he will use the accommodations as a dwelling
for himself, his family or dependents; or the landlord seeks in good
faith not to offer the housing accommodations for rent. If a tenant
has been removed or evicted under this paragraph (a) (6) from hous-
ing accommodations, such accommodations shall not be rented for a
period of six months after such removal or eviction without permis-
sion of the Administrator. The landlord may petition the Adminis-
trator for permission to rent the accommodations during such six-
month period, and the Administrator shall grant such permission if
he finds that the action was in good faith and not for the purpose
of evading any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Adminis-
trator certifies that the landlord may pursue his remedies in accord-
ance with the requirements of the local law. The Administrator
shall so certify if the landlord establishes that removals or evictions
of the character proposed are not inconsistent with the purposes of
the Act or this Maximum Rent Regulation No. 9 and would not
be likely to result in the circumvention or evasion thereof.
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommo-
dations or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed
to become the tenants of the landlord on the same terms and condi-
tions, consistent with this Maximum Rent Regulation No. 9, as they
would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or
evicted as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize
the removal of a tenant unless such removal is authorized under the
local law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as 'a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such
other information as the Administrator shall require. The original
shall remain on file with the Administrator and he shall cause one
copy to be delivered to the tenant and one copy, stamped to indicate
that it is a correct copy of the original, to be returned to the land-
lord. In any subsequent change of tenancy the landlord shall exhibit
to the new tenant his stamped copy of the registration statement,
and shall obtain the tenant's signature and the date thereof on the
back of such statement. Within five days after renting to a new
tenant, the landlord shall file a notice on the form provided therefor,
on which he shall obtain the tenant's signature, stating that there
has been a change in tenancy, that the stamped copy of the registra-
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tion statement has been exhibited to the new tenant and that the rent
for such accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion. The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 9 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 9 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
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SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 9 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maxi-
mum Rent Regulation No. 9 may file petitions therefor in accordance
with Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 9:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Burlington Defense-Rental Area or
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such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Burlington Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the fore-
going.
(6) The term "housing accommodations” means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with
the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
-trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
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(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 9.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 9 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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The
Adjustment of maximum rents:
Extent of adjustment to be allowed.--
Grounds of adjustment on petition of landlord:
Major capital improvement_
Seasonal rents..
Special relationship between landlord and tenant
Increase in services, furniture, furnishings, or equipment…-
Written lease:
}
INDEX
In force January 1, 1941..
With varying rent_
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment--
Deterioration..
Amendment, petition for-
Definitions__
Documents, filing of
Evasion of Regulation…….
Evictions:
Seasonal rents..
Special relationship between landlord and tenant_
Written lease with varying rent-
Demolition or alteration of premises__.
Desire not to offer accommodations for rent_
Nuisance__
Renewal of lease__
Sale__
Failure to pay rent__
Immoral or illegal purpose--
Inspection or showing of premises by landlord.
Local law___
Leases, effect of Regulation on….
Leases, underlying:
Subtenants__
Use and occupancy by landlord__.
Violation of obligation of tenancy..
Facts in doubt or dispute, determination of
Inspection by Administrator_.
M
Maximum rent at termination of.
Sale of
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished_
Government-owned housing_-_
Housing rented on January 1, 1941.
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Maximum rents-Continued.
Housing rented between November 1, 1940, and January 1, 1941.-
Housing rented prior to June 1, 1942.
Housing not rented between November 1, 1940, and June 1, 1942.
Increase or decrease in number of dwelling units..
Major capital improvement..
Newly constructed housing-
Priority rating, housing constructed with
Penalties
Prohibitions__
Scope of Regulation___
Tenant farmers_-
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Domestic servants, caretakers, and other employees--
Hotels and rooming houses-
Services, minimum.
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U, S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY

JAN 7 1974
JAN 7 1973
3
DATE DUE
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UNITED STATES OF AMERICA ·
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 10 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
the Wichita Defense-Rental Area¹
1
In the judgment of the Administrator, rents for housing accom-
modations within the Wichita Defense-Rental Area,2 as desig-
nated in the Designation and Rent Declaration issued by the Ad-
ministrator on March 2, 1942, have not been reduced and stabilized
by State or local regulation, or otherwise, in accordance with the
recommendations set forth in the said Designation and Rent
Declaration.
It is the judgment of the Administrator that by April 1, 1941,
defense activities had not yet resulted in increases in rents for hous-
ing accommodations within the Wichita Defense-Rental Area incon-
sistent with the purposes of the Emergency Price Control Act of
1942. The Administrator has therefore ascertained and given due
consideration to the rents prevailing for housing accommodations
within the Wichita Defense-Rental Area on or about July 1, 1941;
and it is his judgment that the most recent date which does not
reflect increases in rents for such housing accommodations inconsist-
ent with the purposes of the Act is on or about that date. The
Administrator has made adjustments for such relevant factors as
he has determined and deemed to be of general applicability in
respect of such housing accommodations, including increases or
decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 10 for housing accom-
modations within the Wichita Defense-Rental Area will be generally
fair and equitable and will effectuate the purposes of the Emergency
Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 10 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 10 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942, of all
housing accommodations within the Wichita Defense-Rental Area,
as designated by the Administrator in the designation and rent
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.461
to 1388.474, inclusive.
2 The Wichita Defense-Rental Area consists of the County of Sedgwick, in the State of
Kansas.
466330°-42
喜
​1
2
declaration issued on March 2, 1942, except as provided in paragraph
(b) of this section.
(b) This Maximum Rent Regulation No. 10 does not apply to
the following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers,
managers, or other employees to whom the space is provided as part
of their compensation and who are employed for the purpose of ren-
dering services in connection with the premises of which the dwelling
space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 10 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation
No. 10.
(d) An agreement by the tenant to waive the benefit of any pro-
vision of this Maximum Rent Regulation No. 10 is void. A tenant
shall not be entitled by reason of this Regulation to refuse to pay or
to recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation
heretofore or hereafter entered into, no person shall demand or re-
ceive any rent for use or occupancy on and after June 1, 1942, of
any housing accommodations within the Defense-Rental Area higher
than the maximum rents provided by this Maximum Rent Regula-
tion No. 10; and no person shall offer, solicit, attempt, or agree
to do any of the foregoing. Lower rents than those provided by this
Maximum Rent Regulation No. 10 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 10 are for housing accommo-
dations including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July
1, 1942, file a petition pursuant to Section 5 (b) for approval of
the decreased services. In all other cases the landlord shall provide
the minimum services unless and until an order is entered pursuant
to Section 5 (b) approving a decrease of such services.
3
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on July 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on July 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on July 1, 1941, nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after July 1, 1941. On
or before July 1, 1942, every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first. rented after July 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommodations
changed between those dates from unfurnished to fully furnished,
or from fully furnished to unfurnished, or (4) housing accommoda-
tions substantially changed between those dates by a major capital
improvement as distinguished from ordinary repair, replacement, and
maintenance, the first rent for such accommodations after such con-
struction or change; provided, however, that, where such first rent
was fixed by a lease which was in force at the time of a major capital
improvement, the maximum rent shall be the first rent after termina-
tion of such lease. On or before July 1, 1942, every landlord of housing
accommodations under this paragraph shall file a report on the form
provided for each of such accommodations stating the maximum rent
and such other information as may be required. The Administrator
may order a decrease in the maximum rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between May 1, 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
Ga
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4
comparable housing accommodations on July 1, 1941. In cases involv-
ing construction due consideration shall be given to increased costs of
construction, if any, since July 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
P
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the State
of Kansas or any of its political subdivisions or any agency of any of
the foregoing, the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on July 1, 1941, as de-
termined by the owner of such accommodations. The Administrator
may order a decrease in the maximum rent as provided in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on July 1, 1941, the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on July 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since July 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
generally prevailing in the Defense-Rental Area for comparable
housing accommodations during the year ending on July 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942, a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement, and maintenance.
¿
5
:
(2) There was, prior to July 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement, and maintenance, and the rent on July 1,
1941, was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the 'services, furniture,,
furnishings, or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal, or other special relationship
between the landlord and the tenant and as a result was substantially
lower than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on July 1, 1941.
(5) There was in force on July 1, 1941, a written lease, which had
been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on July 1, 1941;
provided that no increase shall be granted while the lease remains in
force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of /seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord shall
maintain the minimum services unless and until he has filed a petition
to decrease services and an order permitting a decrease has been entered
thereon; however, if it is impossible to provide the minimum services,
he shall file a petition within five days after the change of services
occurs. The order on any petition under this paragraph may require
an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
܀
6
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on July 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was
not fixed by the Administrator is higher than such generally prevailing
rent.
(2) There has been a substantial deterioration of the housing accom-
modations other than ordinary wear and tear since the date or order
determining its maximum rent.
(3) There has been a substantial decrease in the services, furnitures,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on July 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on July 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
-
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
TDT
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under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 10 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 10. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
• from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise.
terminated, unless :
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 10; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest.
therein; provided, however, that such refusal shall not be ground
for removal or eviction if such inspection or showing of the accom-
modations is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued,
or failed to cure, such violation after written notice by the landlord
that the violation cease, or (ii) is committing or permitting a nui-
sance or is using or permitting a use of the housing accommodations
for an immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
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substantially altering or remodeling it in a manner which cannot
practically be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing
accommodations, such accommodations shall not be rented for a
period of six months after such removal or eviction without permis-
sion of the Administrator. The landlord may petition the Admin-
istrator for permission to rent the accommodations during such six-
month period, and the Administrator shall grant such permission if
he finds that the action was in good faith and not for the purpose
of evading any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Adminis-
trator certifies that the landlord may pursue his remedies in accord-
ance with the requirements of the local law. The Administrator shall
so certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 10 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accom-
modations or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed
to become the tenants of the landlord on the same terms and condi-
tions, consistent with this Maximum Rent Regulation No. 10, as they
would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or
evicted as provided in this section.
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1
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(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize
the removal of a tenant unless such removal is authorized under the
local law.
1
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such
other information as the Administrator shall require. The original
shall remain on file with the Administrator and he shall cause one
copy to be delivered to the tenant and one copy, stamped to indicate.
that it is a correct copy of the original, to be returned to the landlord.
In any subsequent change of tenancy the landlord shall exhibit to the
new tenant his stamped copy of the registration statement, and shall
obtain the tenant's signature and the date thereof on the back of such
statement. Within five days after renting to a new tenant, the land-
lord shall file a notice on the form provided therefor, on which he
shall obtain the tenant's signature, stating that there has been a
change in tenancy, that the stamped copy of the registration state-
ment has been exhibited to the new tenant and that the rent for such
accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements.
provided in this Maximum Rent Regulation No. 10 shall not be
evaded, either directly or indirectly, in connection with the renting
or leasing or the transfer of a lease of housing accommodations, by
way of absolute or conditional sale, sale with purchase money or other
form of mortgage or sale with option to repurchase, or by modifica-
3
10
tion of the practices relating to payment of commissions or other
charges, or by modification of the services furnished with housing
accommodations, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 10 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 10 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 10 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 10:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Wichita Defense-Rental Area or such
person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the Wichita Defense-Rental Area.
(5) The term "person" includes an individual, corporation, partner-
ship, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government,
or any of its political subdivisions, or any agency of any of the
foregoing.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or
dwelling purposes, together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
"
11
elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility
connected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the
use or occupancy of any housing accommodations, or an agent of any
of the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
#
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short-time basis of daily, weekly, or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
;
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall
apply to other terms used in this Maximum Rent Regulation No. 10.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 10 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
1
:
**
Adjustment of maximum rents:
Extent of adjustment to be allowed.
Grounds of adjustment on petition of landlord:
Major capital improvement_
Seasonal rents__
INDEX
Amendment, Petition for___
Definitions__
Documents, Filing of-
Seasonal rents..
Special relationship between landlord and tenant_
Written lease with varying rent__
Evasion of regulation………
Evictions:
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings or equipment..
Written lease:
In force July 1, 1941
With varying rent__
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
i
Cases where rent may be decreased to rent of comparable housing
accommodations._
Decrease in services, furniture, furnishings, or equipment_--
Deterioration_.
Nuisance.
Renewal of lease__
Sale_____
Demolition or alteration of premises__
Desire not to offer accommodations for rent..
Failure to pay rent___
Immoral or illegal purpose_--
Inspection or showing of premises by landlord__.
Local law_._
Subtenants_
Use and occupancy by landlord_
Violation of obligation of tenancy.
Facts in doubt or dispute, Determination of
Inspection by Administrator_.
Leases, effect of regulation on...
Leases, underlying:
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Maximum rent at termination of….
Sale of
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished_
Government-owned housing...
Housing rented on July 1, 1941.
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Maximum rents
Continued.
Housing rented between May 1, 1941, and July 1, 1941.
Housing rented prior to June 1, 1942.
Housing not rented between May 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units..
Major capital improvement_
Newly constructed housing-
Priority rating, Housing constructed with_
Penalties.
Prohibitions_
Scope of regulation_
Tenant farmers_
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 197
JAN 7 1973
DATE DUE
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HD
7273
A 3
A 4 1
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
DETROIT
Maximum Rent Regulation No. 11 for Housing
Accommodations Other Than Hotels and Rooming
Houses in a Portion of the Detroit Defense-Rental
Area ¹
1
In the judgment of the Administrator, rents for housing accommo-
dations within that portion of the Detroit Defense-Rental Area desig-
nated in the Designation and Rent Declaration issued by the Adminis-
trator on March 2, 1942 (consisting of the Counties of Macomb, Oak-
land, and Wayne, in the State of Michigan), have not been reduced
and stabilized by State or local regulation, or otherwise, in accordance
with the recommendations set forth in said Designation and Rent
Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the Detroit
Defense-Rental Area on or about April 1, 1941. It is his judgment
that defense activities had not resulted in increases in rents for such
housing accommodations inconsistent with the purposes of the Emer-
gency Price Control Act of 1942 prior to April 1, 1941, but did result
in such increases commencing on or about that date. The Adminis-
trator has made adjustments for such relevant factors as he has
determined and deemed to be of general applicability in respect of
such housing accommodations, including increases or decreases in
property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation for housing accommodations
within the said portion of the Detroit Defense-Rental Area will be
generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 11 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 11 establishes the maximum rents which may be demanded
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.511
to 1388.524, inclusive.
462812°-42
(1)
:
2
or received for use or occupancy on and after June 1, 1942 of all hous-
ing accommodations within that portion of the Detroit Defense-Rental
Area designated in the Designation and Rent Declaration issued by
the Administrator on March 2, 1942 (consisting of the Counties of
Macomb, Oakland, and Wayne, in the State of Michigan-herein-
after referred to in this Maximum Rent Regulation No. 11 as the
"Defense-Rental Area"), except as provided in paragraph (b) of this
section.
(b) This Maximum Rent Regulation No. 11 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of rendering
services in connection with the premises of which the dwelling space
is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 11 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 11.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 11 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942 of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 11; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent
Regulation No. 11 may be demanded or received.
SECTION 3. Minimum Services. The maximum rents provided by
this Maximum Rent Regulation No. 11 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
}
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restore and maintain the minimum services or, before July 1, 1942, file
a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations under
this paragraph shall file a report on the form provided for each of such
accommodations stating the maximum rent and such other informa-
tion as may be required. The Administrator may order a decrease in
the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a
major capital improvement as distinguished from ordinary repair,
replacement and maintenance, the first rent for such accommodations
after such construction or change; provided, however, that, where
such first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
06
4
*
time between February 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Michigan or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941,
as determined by the owner of such accommodations. The Adminis-
trator may order a decrease in the maximum rent as provided in Sec-
tion 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since April 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
5
}
generally prevailing in the Defense-Rental Area for comparable
housing accommodations during the year ending on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941; provided that no increase shall be granted while the lease
remains in force.
Ca
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different maxi-
mum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord shall
maintain the minimum services unless and until he has filed a petition
ܢ
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to decrease services and an order permitting a decrease has been entered
thereon; however, if it is impossible to provide the minimum services,
he shall file a petition within five days after the change of services
occurs. The order on any petition under this paragraph may require
an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was not
fixed by the Administrator is higher than such generally prevailing
rent.
(2) There has been a substantial deterioration of the housing accom-
modations other than ordinary wear and tear since the date or order
determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941.
1
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7
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
lard may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 11 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 11. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise.
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as such
terms and conditions are inconsistent with this Maximum Rent Regu-
lation No. 11; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest therein;
provided, however, that such refusal shall not be ground for removal
or eviction if such inspection or showing of the accommodations is
contrary to the provisions of the tenant's lease or other rental agree-
ment; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
8
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failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental agree-
ment with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot prac-
ticably be done with the tenant in occupancy and the plans for such
alteration or remodeling have been approved by the proper authorities,
if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 11 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
·
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;
Si
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 11, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as provided
in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.--On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
1
10
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations.
by the Administrator as he may, from time to time, require..
SECTION 9. Evasion. The maximum rents and other requirements.
provided in this Maximum Rent Regulation No. 11 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
-
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 11 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
*
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 11 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 11 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 11:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Detroit Defense-Rental Area or such
persons or persons as may be designated to carry out any of the duties
delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Detroit Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
¡
11
i
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with the
use or occupancy of housing accommodations.
(8). The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or other
person entitled to the possession or to the use or occupancy of any
housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 11.
SECTION 14. Effective Date of the Regulation.—This Maximum
Rent Regulation No. 11 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
!
LEON HENDERSON, Administrator.
A
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Adjustment of maximum rents:
1
Extent of adjustment to be allowed.…….
Grounds of adjustment on petition of landlord:
Major capital improvement.
Seasonal rents___
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings or equipment_ _ _
Written lease:
INDEX
In force April 1, 1941.
With varying rent_
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations__
Decrease in services, furniture, furnishings, or equipment.
Deterioration__
Seasonal rents__
Special relationship between landlord and tenant_
Written lease with varying rent__
Amendment, Petition for
Definitions__
Documents, filing of..
Evasion of Regulation…--
Evictions:
Demolition or alteration of premises--
Desire not to offer accommodations for rent
Failure to pay rent__.
Immoral or illegal purpose-
Inspection or showing of premises by landlord_.
Local law_
Nuisance
Renewal of lease__
Sale____
Subtenants - -
Use and occupancy by landlord_
Violation of obligation of tenancy-
Facts in doubt or dispute, determination of.
Inspection by Administrator__
Leases, Effect of Regulation on..
Leases, underlying:
Maximum rent at termination of
Sale of
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing...
Housing rented on April 1, 1941.
Housing rented between February 1, 1941, and April 1, 1941
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942-
Increase or decrease in number of dwelling units_
Major capital improvement.
Newly constructed housing.
Priority rating, Housing constructed with
Penalties
Prohibitions_ .
Scope of Regulation.
Tenant farmers.
Ag
Domestic servants, caretakers, and other employees..
Hotels and rooming houses-
Services, Minimum_
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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HD
7293
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A 49.
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 12 for Housing Accom-
modations Other Than Hotels and Rooming Houses
in a Portion of the Schenectady Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accom-
modations within that portion of the Schenectady Defense-Rental
Area designated in the Designation and Rent Declaration issued by
the Administrator on March 2, 1942 (consisting of the County of
Schenectady in its entirety; and the Towns of Ballston, Charlton, and
Clifton Park, in the County of Saratoga, all in the State of New
York), have not been reduced and stabilized by State or local regu-
lation, or otherwise, in accordance with the recommendations set forth
in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the said por-
tion of the Schenectady Defense-Rental Area on or about April 1,
1941. It is his judgment that defense activities had not resulted in
increases in rents for such housing accommodations inconsistent with
the purposes of the Emergency Price Control Act of 1942 prior to
April 1, 1941, but did result in such increases commencing on or about
that date. The Administrator has made adjustments for such rele-
vant factors as he has determined and deemed to be of general ap-
plicability in respect of such housing accommodations, including
increases or decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 12 for housing accom-
modations within the said portion of the Schenectady Defense-Rental
Area will be generally fair and equitable and will effectuate the
purposes of the Emergency Price Control Act of 1942.
Pag
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Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 12 is hereby issued.
SECTION 1. Scope of Regulation.— (a). This Maximum Rent Regu-
lation No. 12 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all hous-
ing accommodations within that portion of the Schenectady Defense-
Rental Area designated in the Designation and Rent Declaration is-
sued by the Administrator on March 2, 1942 (consisting of the County
465782°-42
¹ Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.561
to 1388.574, inclusive.
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​of Schenectady in its entirety; and the Towns of Ballston, Charlton,
and Clifton Park, in the County of Saratoga, all in the State of New
York-hereinafter referred to in this Maximum Rent Regulation No.
12 as the "Defense-Rental Area"), except as provided in paragraph
(b) of this section.
(b) This Maximum Rent Regulation No. 12 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of rendering
services in connection with the premises of which the dwelling space
is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 12 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 12.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 12 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
1
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 12; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent
Regulation No. 12 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 12 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942, file
a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
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3
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after.
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
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istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent there-
for shall be the maximum rent. Within 5 days after so renting, the
landlord shall report the maximum rent. The Administrator, may
order a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accomodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of New York or any of its political subdivisions or any agency
of any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The Ad-
ministrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration,
the adjustment in the maximum rent shall be the amount the Ad-
ministrator finds would have been on April 1, 1941 the difference in
the rental value of the housing accommodations by reason of such
change. In all other cases, except those under paragraphs (a) (7)
and (c) (6) of this section, the adjustment shall be on the basis of
the rent which the Administrator finds was generally prevailing in
the Defense-Rental Area for comparable housing accommodations.
on April 1, 1941. In cases involving construction due consideration
shall be given to increased costs of construction, if any, since April
1, 1941. In cases under paragraphs (a) (7) and (c) (6) of this
section the adjustment shall be on the basis of the rents which the
Administrator finds were generally prevailing in the Defense-Ren-
tal Area for comparable housing accommodations during the year
ending on April 1, 1941.
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(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
with this one of the
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was es-
tablished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the
landlord shall maintain the minimum services unless and until he
has filed a petition to decrease services and an order permitting a
decrease has been entered thereon; however, if it is impossible to
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provide the minimum services, he shall file a petition within five days
after the change of services occurs. The order on any petition under
this paragraph may require an appropriate adjustment in the maxi-
mum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on April 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the rent
was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower
rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
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(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occu-
pancy for a rent not in excess of the aggregate maximum rents of the
separate dwelling units, or may rent the separate dwelling units for
rents not in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 12 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or eva-
sion of the Act or this Maximum Rent Regulation No. 12. He may
require that the sale be made on such terms as he deems necessary
to prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 12; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
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(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
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failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental agree-
ment with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot prac-
ticably be done with the tenant in occupancy and the plans for such
alteration or remodeling have been approved by the proper authorities,
if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use.
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 12 and would not be likely
to result in the circumvention or evasion thereof.
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
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tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 12, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as provided
in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration. On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall cb-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
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ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 12 shall not be
evaded, either directly or indirectly, in connection with the renting
or leasing or the transfer of a lease of housing accommodations, by
way of absolute or conditional sale, sale with purchase money or other
form of mortgage, or sale with option to repurchase, or by modifica-
tion of the practices relating to payment of commissions or other
charges, or by modification of the services furnished, with housing
accommodations, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 12 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 12 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 12 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 12.
(1) The term "Act" means the Emergency Price Control Act of
1942.
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(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Schenectady Defense-Rental Area
or such person or persons as may be designated to carry out any of i
the duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the Schenectady Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
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the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the
foregoing.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or
dwelling purposes, together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with
the use or occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility
connected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any
of the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any
bonus, benefit, or gratuity, demanded or received for the use or occu-
pancy of housing accommodations or for the transfer of a lease.
of such accommodations.
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(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab
lishments of a similar nature.
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(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall
apply to other terms used in this Maximum Rent Regulation No. 12.
SECTION 14. Effective Date of the Regulation.—This Maximum
Rent Regulation No. 12 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed...
Grounds of adjustment on petition of landlord:
Major capital improvement__
Seasonal rents._
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings or equipment-
Written lease:
INDEX
In force April 1, 1941.
With varying rent..
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations..
Decrease in services, furniture, furnishings, or equipment_.
Deterioration_
Seasonal rents..
Special relationship between landlord and tenant.
Written lease with varying rent_
Amendment, Petition for.
Definitions..
Documents, filing of
Evasion of Regulation_..
Evictions:
Nuisance..
Renewal of lease..
Sale_____
Demolition or alteration of premises.
į Desire not to offer accommodations for rent__
Failure to pay rent..
Immoral or illegal purpose_.
Inspection or showing of premises by landlord_
Local law__
Subtenants_
Use and occupancy by landlord_
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Violation of cbligation of tenancy.
Facts in doubt or dispute, determination of
Inspection by Administrator...
Leases, Effect of Regulation on_-
Leases, underlying:
Maximum rent at termination of
Sale of
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Housing rented on April 1, 1941.
Housing rented between February 1, 1941, and April 1, 1941_-
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished.
Government-owned housing..
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Maximum rents-Continued.
Housing rented prior to June 1, 1942_
Housing not rented between February 1, 1941, and June 1, 1942_
Increase or decrease in number of dwelling units___
Major capital improvement..
Newly constructed housing-
Priority rating, housing constructed with_
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Penalties
Prohibitions__
Scope of Regulation__
Tenant farmers--
Domestic servants, caretakers, and other employees__
Hotels and rooming houses-
Services, minimum...
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U. S GOVERNMENT PRINTING OFFICE: 1942
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JAN 7 1974
JAN 7 1973
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY
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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 13 for Housing Accommo-
dations Other Than Hotels and Rooming Houses in the
Wilmington, North Carolina Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accommo-
dations within the Wilmington, North Carolina Defense-Rental Area,²
as designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, have not been reduced and stabilized
by State or local regulation, or otherwise, in accordance with the recom-
mendations set forth in said Designation and Rent Declaration.
-
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the Wilming-
ton, North Carolina Defense-Rental Area on or about April 1, 1941.
It is his judgment that defense activities had not resulted in increases in
rents for such housing accommodations inconsistent with the purposes
of the Emergency Price Control Act of 1942 prior to April 1, 1941, but
did result in such increases commencing on or about that date. The
Administrator has made adjustments for such relevant factors as he
has determined and deemed to be of general applicability in respect
of such housing accommodations, including increases or decreases in
property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 18 for housing accom-
modations within the Wilmington, North Carolina Defense-Rental
Area will be generally fair and equitable and will effectuate the pur-
poses of the Emergency Price Control Act of 1942.
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Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 13 is hereby issued.
1
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 13 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all hous-
ing accommodations within the Wilmington, North Carolina Defense-
Rental Area, as designated in the Designation and Rent Declaration
issued by the Administrator on March 2, 1942, except as provided in
paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 13 does not apply to the
following:
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.611
to 1388.624, inclusive.
• The Wilmington Defense-Rental Area consists of the County of New Hanover, in the
State of North Carolina.
466332°-42

2
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1
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers,
managers, or other employees to whom the space is provided as part
of their compensation and who are employed for the purpose of
rendering services in connection with the premises of which the
dwelling space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 13 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as
those provisions are inconsistent with this Maximum Rent Regulation
No. 13.
(d) An agreement by the tenant to waive the benefit of any pro-
vision of this Maximum Rent Regulation No. 13 is void. A tenant
shall not be entitled by reason of this Regulation to refuse to pay
or to recover any portion of any rents due or paid for use or occu-
pancy prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation
heretofore or hereafter entered into, no person shall demand or re-
ceive any rent for use or occupancy on and after June 1, 1942, of any
housing accommodations within the Defense-Rental Area higher
than the maximum rents provided by this Maximum Rent Regula-
tion No. 13; and no person shall offer, solicit, attempt, or agree to do
any of the foregoing. Lower rents than those provided by this
Maximum Rent Regulation No. 13 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 13 are for housing accommo-
dations including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide the
minimum services unless and until an order is entered pursuant to
Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.—Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
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DEPOSITED BY THE
UNITED STATES OF AMERICA
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(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to
June 1, 1942, the first rent for such accommodations after April 1,
1941. On or before July 1, 1942, every landlord of housing accommo-
dations under this paragraph shall file a report on the form provided
for each of such accommodations stating the maximum rent and such
other information as may be required. The Administrator may
order a decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, re-
placement and maintenance, the first rent for such accommodations
after such construction or change; provided, however, that, where
such first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942,
every landlord of housing accommodations under this paragraph
shall file a report on the form provided for each of such accommo-
dations stating the maximum rent and such other information as
may be required. The Administrator may order a decrease in the
maximum rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
-increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by
the Administrator. The landlord shall, prior to renting and in time
to allow 15 days for action thereon, file a petition requesting the
Administrator to enter an order fixing the maximum rent therefor.
Such order shall be entered on the basis of the rent which the Ad-
ministrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since April 1, 1941.
}
4
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in 'no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of North Carolina or any of its political subdivisions or any
agency of any of the foregoing, the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941, as determined by the owner of such accommodations.
The Administrator may order a decrease in the maximum rent as
provided in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue.
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be
given to increased costs of construction, if any, since April 1, 1941.
In cases under paragraphs (a) (7) and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for com-
parable housing accommodations during the year ending on April 1,
1941.
wh
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
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ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941, a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941; provided that no increase shall be granted while the lease
remains in force.
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(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the land-
lord shall maintain the minimum services unless and until he has filed a
petition to decrease services and an order permitting a decrease has
been entered thereon; however, if it is impossible to provide the min-
imum services, he shall file a petition within five days after the change
of services occurs. The order on any petition under this paragraph
may require an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
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(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was
not fixed by the Administrator is higher than such generally prevail-
ing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
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(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
-
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on
the basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
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Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 13 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 13. He may re-
quire that the sale be made on such terms as he deems necessary to
prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 13; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest there-
in; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
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(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
+
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that
the action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance.
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 13 and would not be likely
to result in the circumvention or evasion thereof.
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 13, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
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occupancy under this paragraph may be removed or evicted as pro-
vided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such
other information as the Administrator shall require. The original
shall remain on file with the Administrator and he shall cause one
copy to be delivered to the tenant and one copy, stamped to indicate
that it is a correct copy of the original, to be returned to the land-
lord. In any subsequent change of tenancy the landlord shall exhibit
to the new tenant his stamped copy of the registration statement,
and shall obtain the tenant's signature and the date thereof on the
back of such statement. Within five days after renting to a new
tenant, the landlord shall file a notice on the form provided therefor,
on which he shall obtain the tenant's signature, stating that there
has been a change in tenancy, that the stamped copy of the registra-
tion statement has been exhibited to the new tenant and that the
rent for such accommodations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 13 shall not be
evaded, either directly or indirectly, in connection with the renting
or leasing or the transfer of a lease of housing accommodations, by
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way of absolute or conditional sale, sale with purchase money or
other form of mortgage, or sale with option to repurchase, or by
modification of the practices relating to payment of commissions or
other charges, or by modification of the services furnished with
housing accommodations, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 13 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as
provided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 13 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 13 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.—(a) When used in this Maximum Rent
Regulation No. 13:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Wilmington Defense-Rental Area
or such person or persons as may be designated to carry out any of
the duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Wilmington Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes the
United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the
foregoing.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or dwell-
ing purposes, together with all privileges, services, furnishings, fur-
niture, equipment, facilities and improvements connected with the
use or occupancy of such property.
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(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and laun-
dry facilities and privileges, maid service, linen service, janitor serv-
ice, the removal of refuse and any other privilege or facility connected
with the use or occupancy of housing accommodations.
(8) The term "landlord” includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such
accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
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(12) The term "rooming house" means, in addition to its cus-
tomary usage, a building or portion of a building other than a hotel
in which a furnished room or rooms not constituting an apartment
are rented on a short-time basis of daily, weekly or monthly oc-
cupancy to more than two paying tenants not members of the
landlord's immediate family. The term includes boarding houses,
dormitories, auto camps, trailers, residence clubs, tourist homes or
cabins, and all other establishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall
apply to other terms used in this Maximum Rent Regulation No. 13.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 13 shall become effective June 1, 1942.
}
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed..
Grounds of adjustment on petition of landlord:
Major capital improvement...
Seasonal rents..
Special relationship between landlord and tenant..
Increase in services, furniture, furnishings or equipment..
Written lease:
In force April 1, 1941.
With varying rent__
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations__.
Decrease in services, furniture, furnishings, or equipment...
Deterioration__
Seasonal rents__.
Special relationship between landlord and tenant_
Written lease with varying rent__
Amendment, petition for..
Definitions….
Documents, filing of
INDEX
Evasion of regulation__
Evictions:
Demolition or alteration of premises..
Desire not to offer accommodations for rent.
Failure to pay rent...
Immoral or illegal purpose---.
Inspection or showing of premises by landlord……….
Local law__
Nuisance___
Renewal of lease__.
Sale_
Subtenants_
Use and occupancy by landlord.
Violation of obligation of tenancy--
Facts in doubt or dispute, determination of………
Inspection by Administrator..
Leases, effect of regulation on_
Leases, underlying:
Maximum rent at termination of
Sale of...
Maximum rents:
Change from furnished to unfurnished or from unfurnished to
furnished-----
Government-owned housing-
Housing rented on April 1, 1941
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´Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941..
Housing rented prior to June 1, 1942__.
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units...
Major capital improvement..
Newly constructed housing-
Priority rating, housing constructed with
Penalties
Prohibitions.
Scope of regulation_
Tenant farmers
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Domestic servants, caretakers, and other employees..
Hotels and rooming houses_
Services, minimum.
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1974
JAN 7 1973
DATE DUE

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HD
7373
A S
A 41
1
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 14 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
a Portion of the Akron Defense-Rental Area ¹
1
In the judgment of the Administrator, rents for housing accommo-
dations within that portion of the Akron Defense-Rental Area desig-
nated in the Designation and Rent Declaration issued by the Adminis-
trator on March 2, 1942 (consisting of the County of Summit in its
entirety; and the Township of Wadsworth in the County of Medina,
all in the State of Ohio), have not been reduced and stabilized by
State or local regulation, or otherwise, in accordance with the recom-
mendations set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the said por-
tion of the Akron Defense-Rental Area on or about April 1, 1941. It
is his judgment that defense activities had not resulted in increases in
rents for such housing accommodations inconsistent with the purposes.
of the Emergency Price Control Act of 1942 prior to April 1, 1941, but
did result in such increases commencing on or about that date. The
Administrator has made adjustments for such relevant factors as he
has determined and deemed to be of general applicability in respect of
such housing accommodations, including increases or decreases in
property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 14 for housing accom-
modations within the said portion of the Akron Defense-Rental Area
will be generally fair and equitable and will effectuate the purposes of
the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 14 is hereby issued.
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 14 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all hous-
ing accommodations within that portion of the Akron Defense-Rental
Area designated in the Designation and Rent Declaration issued by
the Administrator on March 2, 1942 (consisting of the County of
Summit; and the Township of Wadsworth in the County of Medina.
all in the State of Ohio-hereinafter referred to in this Maximum
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.661
to 1388.674, inclusive.
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​Rent Regulation No. 14 as the "Defense-Rental Area"), except as pro-
vided in paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 14 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of rendering
services in connection with the premises of which the dwelling space
is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 14 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation
No. 14.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 14 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 14; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent
Regulation No. 14 may be demanded or received.
SECTION 3. Minimum Services.—The maximum rents provided by
this Maximum Rent Regulation No. 14 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942, file
a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
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SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
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tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Ohio or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as pro-
vided in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings
or equipment, an increase or decrease of services, or a deterioration,
the adjustment in the maximum rent shall be the amount the Ad-
ministrator finds would have been on April 1, 1941 the difference in
the rental value of the housing accommodations by reason of such
change. In all other cases, except those under paragraphs (a) (7)
and (c) (6) of this section, the adjustment shall be on the basis of
the rent which the Administrator finds was generally prevailing in
the Defense-Rental Area for comparable housing accommodations
on April 1, 1941. In cases involving construction due consideration
shall be given to increased costs of construction, if any, since April
1, 1941. In cases under paragraphs. (a) (7) and (c) (6) of this
section the adjustment shall be on the basis of the rents which the
Administrator finds were generally prevailing in the Defense-Rental
Area for comparable housing accommodations during the year end-
ing on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
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(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the land-
lord shall maintain the minimum services unless and until he has
filed a petition to decrease services and an order permitting a decrease
has been entered thereon; however, if it is impossible to provide the
minimum services, he shall file a petition within five days after the
change of services occurs. The order on any petition under this
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paragraph may require an appropriate adjustment in the maximum
rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing ac-
commodations on April 1, 1941; or the maximum rent for housing
accommodations under paragraph (e) of Section 4 for which the rent
was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different.
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
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lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 14 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 14. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
;
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 14; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground
for removal or eviction if such inspection or showing of the accom-
modations is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
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(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot.
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for him-
self, his family or dependents; or the landlord seeks in good faith
not to offer the housing accommodations for rent. If a tenant has
been removed or evicted under this paragraph (a) (6) from housing
accommodations, such accommodations shall not be rented for a
period of six months after such removal or eviction without per-
mission of the Administrator. The landlord may petition the
Administrator for permission to rent the accommodations during
such six-month period, and the Administrator shall grant such per-
mission if he finds that the action was in good faith and not for
the purpose of evading any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Adminis-
trator certifies that the landlord may pursue his remedies in accord-
ance with the requirements of the local law. The Administrator
shall so certify if the landlord establishes that removals or evictions
of the character proposed are not inconsistent with the purposes of
the Act or this Maximum Rent Regulation No. 14 and would not be
likely to result in the circumvention or evasion thereof.
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
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consistent with this Maximum Rent Regulation No. 14, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as pro-
vided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
Within five days after renting to a new tenant the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
ment.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
:
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accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 14 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 14 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 14 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 14 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 14:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Akron Defense-Rental Area or such
person or persons as may be designated to carry out any of the duties
delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Akron Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
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(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or
dwelling purposes, together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy of such property.
(7) The terms "services" includes repairs, decorating and main-
tenance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility
connected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any
bonus, benefit, or gratuity, demanded or received for the use or oc-
cupancy of housing accommodations or for the transfer of a lease of
such accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The terms "rooming house" means, in addition to its cus-
tomary usage, a building or portion of a building other than a hotel
in which a furnished room or rooms not constituting an apartment
are rented on a short time basis of daily, weekly or monthly occu-
pancy to more than two paying tenants not members of the landlord's
immediate family. The term includes boarding houses, dormitories,
auto camps, trailers, residence clubs, tourist homes or cabins, and all
other establishments of a similar nature.
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(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 14.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 14 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Q.
Adjustment of maximum rents:
Extent of adjustment to be allowed__
Grounds of adjustment on petition of landlord:
Major capital improvement__
Seasonal rents___
Special relationship between landlord and tenant.
Increase in services, furniture, furnishings, or equipment.___.
Written lease:
In force April 1, 1941--
With varying rent__
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations__.
Decrease in services, furniture, furnishings, or equipment. -
Deterioration__
INDEX
Seasonal rents.
Special relationship between landlord and tenant_.
Written lease with varying rent__
Amendment, Petition for..
Definitions_
Documents, filing of
Evasion of Regulation...
Evictions:
Demolition or alteration of premises.
Desire not to offer accommodations for rent.
Failure to pay rent. -
Immoral or illegal purpose-
Inspection or showing of premises by landlord_
Local law___
Nuisance_
Renewal of lease-
Sale...
Subtenants.
Use and occupancy by landlord_
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of
Inspection by Administrator_.
Leases, Effect of Regulation on..
Leases, underlying:
nished....
Government-owned housing.
Housing rented on April 1, 1941.
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Maximum rent at termination of
Sale of...
Maximum rents:
Change from furnished to unfurnished or from unfurnished to fur-
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Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941
Housing rented prior to June 1, 1942
Housing not rented between February 1, 1941, and June 1, 1942
Increase or decrease in number of dwelling units..
Major capital improvement..
Newly constructed housing_
Priority rating, Housing constructed with
Penalties_-
Prohibitions_
Scope of Regulation_
Tenant farmers_
Domestic servants, caretakers, and other employees.
Hotels and rooming houses_
Services, Minimum..
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1974
9AN 7 1913
DATE DUE

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7275
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A 41
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 15 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
a Portion of the Canton Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accommo-
dations within that portion of the Canton Defense-Rental Area desig-
nated in the Designation and Rent Declaration issued by the Admin-
istrator on March 2, 1942 (consisting of the County of Stark in the
State of Ohio), have not been reduced and stabilized by State or local
regulation, or otherwise, in accordance with the recommendations set
forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the said por-
tion of the Canton Defense-Rental Area on or about April 1, 1941. It is
his judgment that defense activities had not resulted in increases in
rents for such housing accommodations inconsistent with the pur-
poses of the Emergency Price Control Act of 1942 prior to April 1,
1941, but did result in such increases commencing on or about that
date. The Administrator has made adjustments for such relevant
factors as he has determined and deemed to be of general applicability
in respect of such housing accommodations, including increases or
decreases in property taxes and other costs.
GO
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 15 for housing accommo-
dations within the said portion of the Canton Defense-Rental Area
will be generally fair and equitable and will effectuate the purposes of
the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 15 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
lation No. 15 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
housing accommodations within that portion of the Canton Defense-
Rental Area designated in the Designation and Rent Declaration issued
by the Administrator on March 2, 1942 (consisting of the County
of Stark in the State of Ohio-hereinafter referred to in this Maximum
Rent Regulation No. 15 as the "Defense-Rental Area"), except as
provided in paragraph (b) of this section.
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.711
to 1388.724, inclusive.
466338°-42
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(b) This Maximum Rent Regulation No. 15 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in farm-
ing operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
#
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 15 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as
those provisions are inconsistent with this Maximum Rent Regulation
No. 15.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 15 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 15; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent
Regulation No. 15 may be demanded or received.
SECTION 3. Minimum Services.—The maximum rents provided by
this Maximum Rent Regulation No. 15 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942,
file a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
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(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941, nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942, every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such first
rent was fixed by a lease which was in force at the time of a major
capital improvement, the maximum rent shall be the first rent after
termination of such lease. On or before July 1, 1942, every landlord
of housing accommodations under this paragraph shall file a report
on the form provided for each of such accommodations stating the
maximum rent and such other information as may be required. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
(e) For (1) newly construction housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
acommodations, or (3) housing accommodations not rented at any
time between February 1, 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases in-
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volving construction due consideration shall be given to increased costs
of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Ohio or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941,
as determined by the owner of such accommodations. The Adminis-
trator may order a decrease in the maximum rent as provided in Sec-
tion 5 (c).
P
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941, the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since April 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
generally prevailing in the Defense-Rental Area for comparable hous-
ing accommodations during the year ending on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
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(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such
change.
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941; provided that no increase shall be granted while the lease
remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different maxi-
mum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord
shall maintain the minimum services unless and until he has filed a
petition to decrease services and an order permitting a decrease has
been entered thereon;, however, if it is impossible to provide the
minimum services, he shall file a petition within five days after the
change of services occurs. The order on any petition under this para-
graph may require an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
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(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was
not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing
accommodations other than ordinary wear and tear since the date
or order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal, or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was
established by a written lease which provided for a substantially
lower rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on
the basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occu-
pancy for a rent not in excess of the aggregate maximum rents of the
separate dwelling units, or may rent the separate dwelling units for
rents not in excess of the maximum rents applicable to such units.
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Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 15 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or eva-
sion of the Act or this Maximum Rent Regulation No. 15. He may
require that the sale be made on such terms as he deems necessary to
prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 15; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee, or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
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(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot prac-
ticably be done with the tenant in occupancy and the plans for such
alteration or remodeling have been approved by the proper authorities,
if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 15 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 15, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
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occupancy under this paragraph may be removed or evicted as provided
in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant, and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommoda-
tions is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
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SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 15 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
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lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-.
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 15 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
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SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 15 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maxi-
mum Rent Regulation No. 15 may file petitions therefor in accordance
with Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 15:
(1) The term "Act" means the Emergency Price Control Act of
1942.
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(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Canton Defense-Rental Area or such
person or persons as may be designated to carry out any of the duties
delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Canton Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the fore-
going.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
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(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with
the use or occupancy of housing accommodations.
(8) The term "landlord” includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any
bonus, benefit, or gratuity, demanded or received for the use or
occupancy of housing accommodations or for the transfer of a lease
of such accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall
apply to other terms used in this Maximum Rent Regulation No. 11.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 15 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
<
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Adjustment of maximum rents:
Extent of adjustment to be allowed…….
Grounds of adjustment on petition of landlord:
Major capital improvement..
Seasonal rents...
Special relationship between landlord and tenant-
Increase in services, furniture, furnishings or equipment_--
Written lease:
In force April 1, 1941.
With varying rent..
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment.__
Deterioration_.
INDEX
Seasonal rents___
Special relationship between landlord and tenant_
Written lease with varying rent..
Amendment, Petition for..
Definitions__
Documents, Filing of…….
Evasion of Regulation...
Evictions:
Demolition or alteration of premises...
Desire not to offer accommodations for rent..
Failure to pay rent...
Immoral or illegal purpose---
Inspection or showing of premises by landlord__
Local law...
Nuisance...
Renewal of lease..
Sale___
Subtenants..
Use and occupancy by landlord..
Violation of obligation of tenancy--
Facts in doubt or dispute, Determination of
Inspection by Administrator__
Leases, Effect of Regulation on
Leases, underlying:
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Maximum rent at termination of….
Sale of...
Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished
Government-owned housing..
Housing rented on April 1, 1941.
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Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941..
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units.
Major capital improvement.
Newly constructed housing-
Priority rating, Housing constructed with.
Penalties
Prohibitions
Scope of Regulation…….
Tenant farmers.
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Domestic servants, caretakers, and other employees-
Hotels and rooming houses._
Services, Minimum.
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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08.
JAN 7 197
JAN 7 1973
THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY
DATE DUE
and

*
A
:
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 16 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
a Portion of the Cleveland Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accommo-
dations within that portion of the Cleveland Defense-Rental Area
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942 (consisting of the County of Cuya-
hoga in its entirety; and, in the County of Lake, the Township of
Willoughby and those parts of the Township of Kirtland included
within the corporate limits of the Villages of Waite Hill and Wil-
loughby, all in the State of Ohio), have not been reduced and stabilized
by State or local regulation, or otherwise, in accordance with the
recommendations set forth in said Designation and Rent Declaration.
-
It is the judgment of the Administrator that by April 1, 1941, defense
activities had not yet resulted in increases in rents for housing accom-
modations within the said portion of the Cleveland Defense-Rental
Area inconsistent with the purposes of the Emergency Price Control
Act of 1942. The Administrator has therefore ascertained and given
due consideration to the rents prevailing for housing accommodations
within the said portion of the Cleveland Defense-Rental Area on or
about July 1, 1941; and it is his judgment that the most recent date.
which does not reflect increases in rents for such housing accommoda-
tions inconsistent with the purposes of the Act is on or about that
date. The Administrator has made adjustments for such relevant
factors as he has determined and deemed to be of general applicability
in respect of such housing accommodations, including increases or
decreases in property taxes and other costs.

In the judgment of the Administrator the maximum rents established
by this Maximum Rent Regulation No. 16 for housing accommodations
within the said portion of the Cleveland Defense-Rental Area will be
generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 16 is hereby issued.
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 16 establishes the maximum rents which may be demanded or
received for use or occupancy on and after June 1, 1942, of all housing
accommodations within that portion of the Cleveland Defense-Rental
466328°-42
1 Published in the Federal Register as Title 82, Chapter XI, Part 1888, sections 1388.761
to 1388.774, inclusive.
A
. 2
3
Area designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942 (consisting of the County of Cuyahoga
in its entirety; and, in the County of Lake, the Township of Wil-
loughby and those parts of the Township of Kirtland included within
the corporate limits of the Villages of Waite Hill and Willoughby, all
in the State of Ohio-hereinafter referred to in this Maximum Rent
Regulation No. 16 as the "Defense-Rental Area"), except as provided
in paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 16 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by a
tenant who is engaged for a substantial portion of his time in farming
operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of their
compensation and who are employed for the purpose of rendering serv-
ices in connection with the premises of which the dwelling space is a
part;

(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 16 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 16.
(d) An agreement by the tenant to waive the benefit of any pro-
vision of this Maximum Rent Regulation No. 16 is void. A tenant
shall not be entitled by reason of this Regulation to refuse to pay or
to recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive
any rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the maxi-
mum rents provided by this Maximum Rent Regulation No. 16; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent Regu-
lation No. 16 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 16 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942, file
- wa
DEPOSITED BY THE
UNITED STATES OF AMERICA
8
a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on July 1, 1941, the rent
for such accommodations on that date.
(b) For housing accommodations not rented on July 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on July 1, 1941, nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after July 1, 1941. On
or before July 1, 1942 every landlord of housing accommodations under
this paragraph shall file a report on the form provided for each of sich
accommodations stating the maximum rent and such other informa-
tion as may be required. The Administrator may order a decrease in
the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after July 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first rent
after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be required.
The Administrator may order a decrease in the maximum rent as
provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rated on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between May 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
4
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allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administrator
finds was generally prevailing in the Defense-Rental Area for com-
parable housing accommodations on July 1, 1941. In cases involving
construction due consideration shall be given to increased costs of
construction, if any, since July 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Ohio or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing acommodations on July 1, 1941,
as determined by the owner of such accommodations. The Adminis-
trator may order a decrease in the maximum rent as provided in Sec-
tion 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue.
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on July 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on July 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since July 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
generally prevailing in the Defense-Rental Area for comparable
housing accommodations during the year ending on July 1, 1941.
•
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(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to July 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement and maintenance, and the rent on July 1,
1941 was fixed by a lease which was in force at the time of such
change
(3) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on July 1, 1941.
(5) There was in force on July 1, 1941, a written lease, which had
been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on July 1,
1941; provided that no increase shall be granted while the lease
remains in force.
¡
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different maxi-
mum rents for different periods of the calendar year.
7
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord shall
maintain the minimum services unless and until he has filed a petition
to decrease services and an order permitting a decrease has been entered
thereon; however, if it is impossible to provide the minimum services,
•
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he shall file a petition within five days after the change of services
occurs. The order on any petition under this paragraph may require
an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on July 1, 1941; or the maximum rent for housing accommo-
dations under paragraph (e) of Section 4 for which the rent was not
fixed by the Administrator is higher than such generally prevailing
rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was mate-
rially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on July 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on July
1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
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​persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire pemises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
zlat
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 16 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 16. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise.
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 16; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground
for removal or eviction if such inspection or showing of the accom-
modations is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance.
or is using or permitting a use of the housing accommodations for
an immoral or illegal purpose; or
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(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or
of substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or-
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a
dwelling by himself, his family or dependents; or he has in good
faith contracted in writing to sell the accommodations for immediate
use and occupancy by a purchaser, who in good faith has represented
in writing that he will use the accommodations as a dwelling for
himself, his family or dependents; or the landlord seeks in good
faith not to offer the housing accommodations for rent. If a tenant
has been removed or evicted under this paragraph (a) (6) from
housing accommodations, such accommodations shall not be rented
for a period of six months after such removal or eviction without
permission of the Administrator. The landlord may petition the
Administrator for permission to rent the accommodations during
such six-month period, and the Administrator shall grant such per-
mission if he finds that the action was in good faith and not for the
purpose of evading any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Adminis-
trator certifies that the landlord may pursue his remedies in accord-
ance with the requirements of the local law. The Administrator shall
so certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 16 and would not be likely
to result in the circumvention or evasion thereof.
-
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accom-
modations or a predominant part thereof are occupied by one or more
subtenants or other persons who occupied under a rental agreement
with the tenant, such subtenants or other occupants shall be deemed.
to become the tenants of the landlord on the same terms and condi-
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"..
tions, consistent with this Maximum Rent Regulation No. 16, as they
would have held from the tenant if his tenancy had continued and
their maximum rents shall remain unchanged; provided, however,
that this paragraph shall not prevent the removal or eviction of a
subtenant or other such occupant where the tenant rented to such
person in violation of the obligations of his tenancy. Persons who
continue in occupancy under this paragraph may be removed or
evicted as provided in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided therefor
to be known as a registration statement. The statement shall identify
each dwelling unit and specify the maximum rent provided by this
Regulation for such dwelling unit and shall contain such other infor-
mation as the Administrator shall require. The original shall remain
on file with the Administrator and he shall cause one copy to be deliv-
ered to the tenant and one copy, stamped to indicate that it is a correct
copy of the original, to be returned to the landlord. In any subsequent
change of tenancy the landlord shall exhibit to the new tenant his
stamped copy of the registration statement, and shall obtain the tenant's
signature and the date thereof on the back of such statement. Within
five days after renting to a new tenant, the landlord shall file a notice
on the form provided therefor, on which he shall obtain the tenant's
signature, stating that there has been a change in tenancy, that the
stamped copy of the registration statement has been exhibited to the
new tenant and that the rent for such accommodations is in conformity
therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration statement
to the Area Rent Office for appropriate action reflecting such change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
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accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion. The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 16 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or by
modification of the services furnished with housing accommodations,
or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 16 are subject to criminal penalties,
civil enforcement actions and suits for treble damages as provided for
by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 16 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 16 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 16:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Cleveland Defense-Rental Area or
such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Direc-
tor in the Cleveland Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes the
United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
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ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with the
use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its cus-
tomary usage, a building or portion of a building other than a hotel in
which a furnished room or rooms not constituting an apartment are
rented on a short time basis of daily, weekly or monthly occupancy to
more than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 16.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 16 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
{
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:
Adjustment of maximum rents:
Extent of adjustment to be allowed..
Grounds of adjustment on petition of landlord:
Major capital improvement..
Seasonal rents..
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings or equipment._.
Written lease:
INDEX
Seasonal rents_.
Special relationship between landlord and tenant_
Written lease with varying rent__
Amendment, Petition for.
Definitions__
Documents, Filing of
Evasion of Regulation...
Evictions:
Demolition or alteration of premises__
Desire not to offer accommodations for rent.
In force July 1, 1941.
With varying rent_
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations__
Decrease in services, furniture, furnishings, or equipment_-_-
Deterioration_.
Nuisance__
Renewal of lease_
Sale_____
Failure to pay rent..
Immoral or illegal purpose_-
Inspection or showing of premises by landlord_
Local law__.
Subtenants..
Use and occupancy by landlord.
Violation of obligation of tenancy..
Facts in doubt or dispute, Determination of..
Inspection by Administrator_.
Leases, Effect of Regulation on-
Leases, underlying:
nished....
Government-owned housing__
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Maximum rent at termination of_
Sale of
Maximùm rents:
Change from furnished to unfurnished or from unfurnished to fur-
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(12)
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Maximum rents-Continued.
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Penalties.
Prohibitions.
Scope of Regulation__.
Tenant farmers___
Housing rented on July 1, 1941.
Housing rented between May 1, 1941, and July 1, 1941.
Housing rented prior to June 1, 1942.
Housing not rented between May 1, 1941, and June 1, 1942.
Increase or decrease in number of dwelling units...
Major capital improvement__.
Newly constructed housing..
Priority rating, Housing constructed with_
Domestic servants caretakers, and other employees__.
Hotels and rooming houses.
Services, Minimum___
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U. S. GOTERAMENT PRINTING OFFICE: 1942
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JAN 7 1974
THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1973
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DATE DUE

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HD
7273
A3
A 47
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 17 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
the Ravenna Defense-Rental Area ¹
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In the judgment of the Administrator, rents for housing accom-
modations within the Ravenna Defense-Rental Area,² as designated
in the Designation and Rent Declaration issued by the Administrator
on March 2, 1942, have not been reduced and stabilized by State or
local regulation, or otherwise, in accordance with the recommenda-
tions set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the Ravenna
Defense-Rental Area on or about April 1, 1941. It is his judgment
that defense activities had not resulted in increases in rents for such
housing accommodations inconsistent with the purposes of the Emer-
gency Price Control Act of 1942 prior to April 1, 1941, but did result
in such increases commencing on or about that date. The Adminis-
trator has made adjustments for such relevant factors as he has deter-
mined and deemed to be of general applicability in respect of such
housing accommodations, including increases or decreases in property
taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 17 for housing accom-
modations within the Ravenna Defense-Rental Area will be generally
fair and equitable and will effectuate the purposes of the Emergency
Price Control Act of 1942.
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Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 17 is hereby issued.
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 17 establishes the maximum rents which may be demanded,
or received for use or occupancy on and after June 1, 1942 of all hous-
ing accommodations within the Ravenna Defense-Rental Area, as
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, except as provided in paragraph (b)
of this section.
(b) This Maximum Rent Regulation No. 17 does not apply to the
following:
¹ Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.811
to 1388.824 inclusive.
466333°-42
2 The Ravenna Defense-Rental Area consists of the County of Portage, in the State of
Ohio.
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(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 17 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No.
17.
•
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 17 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the
maximum rents provided by this Maximum Rent Regulation No.
17; and no person shall offer, solicit, attempt, or agree to do any of
the foregoing. Lower rents than those provided by this Maximum
Rent Regulation No. 17 may be demanded or received.
SECTION 3. Minimum Services. The maximum rents provided by
this Maximum Rent Regulation No. 17 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942,
file a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents. Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
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(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941, nor
during the two months ending on that date, but rented prior to June
1, 1942, the first rent for such accommodations after April 1, 1941.
On or before July 1, 1942, every landlord of housing accommodations
under this paragraph shall file a report on the form provided for
each of such accommodations stating the maximum rent and such
other information as may be required. The Administrator may
order a decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing
accommodations substantially changed between those dates by a
major capital improvement as distinguished from ordinary repair,
replacement and maintenance, the first rent for such accommodations
after such construction or change; provided, however, that, where
such first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the
landlord shall report the maximum rent. The Administrator may
order a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency therof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Ohio or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings, or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941, the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
creased costs of construction, if any, since April 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
generally prevailing in the Defense-Rental Area for comparable
housing accommodations during the year ending on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942, a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement, and maintenance.
(2) There was, prior to April 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommo-
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dations by a major capital improvement as distinguished from ordi-
nary repair, replacement, and maintenance, and the rent on April 1,
1941, was fixed by a lease which was in force at the time of such
change.
37
(3) There has been a substantial increase in the services, furni-
ture, furnishings, or equipment provided with the housing accommo-
dations since the date or order determining its maximum rent.
K
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal, or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941, a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941; provided that no increase shall be granted while the lease
remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the
landlord shall maintain the minimum services unless and until he
has filed a petition to decrease services and an order permitting a
decrease has been entered thereon; however, if it is impossible to
provide the minimum services, he shall file a petition within five
days after the change of services occurs. The order on any petition.
under this paragraph may require an appropriate adjustment in the
maximum rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
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(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was
not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occu-
pancy for a rent not in excess of the aggregate maximum rents of
the separate dwelling units, or may rent the separate dwelling units
for rents not in excess of the maximum rents applicable to such units.
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Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition
the Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 17 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 17. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as such
terms and conditions are inconsistent with this Maximum Rent Regu-
lation No. 17; or
(2) The tenant has unreasonably refused the lan lord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
}
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental agree-
ment with the tenant; or
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(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot prac-
ticably be done with the tenant in occupancy and the plans for such
alteration or remodeling have been approved by the proper authorities,
if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 17 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 17, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
9
occupancy under this paragraph may be removed or evicted as provided
in this section.
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
*ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.—Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion. The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 17 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
10
or the transfer of a lease of housing accomodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 17 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as pro-
vided for by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 17 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 17 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.-(a) When used in this Maximum Rent
Regulation No. 17:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Ravenna Defense-Rental Area or
such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the Ravenna Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes.
the United States or any agency thereof, or any other government,
or any of its political subdivisions, or any agency of any of the fore-
going.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
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equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility con-
nected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any
of the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such ac-
commodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942, shall
apply to other terms used in this Maximum Rent Regulation No. 17.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 17 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
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Adjustment of maximum rents:
Extent of adjustment to be allowed....
Grounds of adjustment on petition of landlord:
Major capital improvement.
Seasonal rents_.
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment-
Written lease:
INDEX
In force April 1, 1941.
With varying rent..
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Amendment, Petition for.
Definitions.
Documents, Filing of.
Cases where rent may be decreased to rent of comparable housing
accommodations
Decrease in services, furniture, furnishings, or equipment---.
Deterioration_
Seasonal rents-
Special relationship between landlord and tenant.
Written lease with varying rent__
Evasion of Regulation….
Evictions:
--
Demolition or alteration of premises__.
Desire not to offer accommodations for rent..
Nuisance_-_
Renewal of lease-
Sale__
Failure to pay rent--
Immoral or illegal purpose----
Inspection or showing of premises by landlord_
Local law____
d
Subtenants__
Use and occupancy by landlord_.
Leases, Effect of Regulation on_
Leases, underlying:
Violation of obligation of tenancy.
Facts in doubt or dispute, Determination of
Inspection by Administrator_
:
Maximum rent at termination of
Sale of
1
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished
Government-owned housing--
Housing rented on April 1, 1941.
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(12)
13:
Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941.
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942..
Increase or decrease in number of dwelling units_
1
Major capital improvement….
Newly constructed housing---
Priority rating, Housing constructed with__.
Penalties__
Prohibitions..
Scope of Regulation----
Tenant farmers..
7
Services, Minimum..
Domestic servants, caretakers, and other employees.-
Hotels and rooming houses_
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7 1973
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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 18 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
the Youngstown-Warren Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accom-
modations within the Youngstown-Warren Defense-Rental Area,2 as
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, have not been reduced and stabilized
by State or local regulation, or otherwise, in accordance with the rec-
ommendations set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the Youngs-
town-Warren Defense-Rental Area on or about April 1, 1941. It is
his judgment that defense activities had not resulted in increases in
rents for such housing accommodations inconsistent with the purposes
of the Emergency Price Control Act of 1942 prior to April 1, 1941,
but did result in such increases commencing on or about that date.
The Administrator has made adjustments for such relevant factors
as he has determined and deemed to be of general applicability in
respect of such housing accommodations, including increases or de-
creases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 18 for housing accom-
modations within the Youngstown-Warren Defense-Rental Area will
be generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 18 is hereby issued.
SECTION 1. Scope of Regulation.—(a) This Maximum Rent Regu-
ulation No. 18 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942, of all
housing accommodations within the Yougstown-Warren Defense-
Rental Area, as designated in the Designation and Rent Declaration
issued by the Administrator on March 2, 1942, except as provided in
paragraph (b) of this section.
}
(b) This Maximum Rent Regulation No. 18 does not apply to the
following:
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, Sections 1388.861
to 1388.874, inclusive.
2 The Youngstown-Warren Defense-Rental Area consists of the Counties of Mahoning
and Trumbull, in the State of Ohio.
466337°-42
2
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 18 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation
No. 18.
1
(d) An agreement by the tenant to waive the benefit of any pro-
vision of this Maximum Rent Regulation No. 18 is void. A tenant
shall not be entitled by reason of this Regulation to refuse to pay or
to recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease or other obligation
heretofore or hereafter entered into, no person shall demand or
receive any rent for use or occupancy on and after June 1, 1942,
of any housing accommodations within the Defense-Rental Area
higher than the maximum rents provided by this Maximum Rent
Regulation No. 18; and no person shall offer, solicit, attempt, or
agree to do any of the foregoing. Lower rents than those provided
by this Maximum Rent Regulation No. 18 may be demanded or
received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 18 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accom-
modations are less than such minimum services, the landlord shall
either restore and maintain the minimum services or, before July 1,
1942, file a petition pursuant to Section 5 (b) for approval of the
decreased services. In all other cases the landlord shall provide the
minimum services unless and until an order is entered pursuant to
Section 5 (b) approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accomodations on that date.
A
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JUL 20'42
3
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941, nor
during the two months ending on that date, but rented prior to June
1, 1942, the first rent for such accommodations after April 1, 1941.
On or before July 1, 1942, every landlord of housing accommoda-
tions under this paragraph shall file a report on the form provided
for each of such accommodations stating the maximum rent and such
other information as may be required. The Administrator may order
a decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing
accommodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be required.
The Administrator may order a decrease in the maximum rent as
provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Adminis-
trator finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941.
In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
4
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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Ohio or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as pro-
vided in Section 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941, the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be
given to increased costs of construction, if any, since April 1, 1941. In
cases under paragraphs (a) (7) and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for com-
parable housing accommodations during the year ending on April 1,
1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942, a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement, and maintenance.
(2) There was, prior to April 1, 1941, and within the six months
ending on that date, a substantial change in the housing accom-
1
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modations by a major capital improvement as distinguished from
ordinary¯repair, replacement, and maintenance, and the rent on
April 1, 1941, was fixed by a lease which was in force at the time
of such change.
11
(3) There has been a substantial increase in the services, furni-
ture, furnishings, or equipment provided with the housing accom-
modations since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substan-
tially lower than the rent generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941, a written lease, which
had been in force for more than one year on that date, requiring a
rent substantially lower than the rent generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941; provided that no increase shall be granted while the
lease remains in force.
(6) The rent on the date determining the maximum rent was
established by a written lease which provided for a substantially
higher rent at other periods during the term of such lease; provided
that no increase shall be granted in excess of the rent provided
by said lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the daté determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting ap-
proval of the decreased services. Except as above provided, the
landlord shall maintain the minimum services unless and until he
has filed a petition to decrease services and an order permitting a
decrease has been entered thereon; however, if it is impossible to
provide the minimum services, he shall file a petition within five
days after the change of services occurs. The order on any petition.
under this paragraph may require an appropriate adjustment in
the maximum rent.
(c) The Administrator at any time, on his own initiative or on
application of the tenant, may order a decrease of the maximum
rent otherwise allowable, only on the grounds that:
{
6
2
3
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent gen-
erally prevailing in the Defense-Rental Area for comparable hous-
ing accommodations on April 1, 1941; or the maximum rent for
housing accommodations under paragraph (e) of Section 4 for which
the rent was not fixed by the Administrator is higher than such
generally prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maxmum rent.
Vij
(4) The rent on the date of determining the maximum rent was
materially affected by the blood, personal or other special relation-
ship between the landlord and the tenant and as a result was sub-
stantially higher than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941.
(5) The rent on the date determining the maxium rent was
.established by a written lease which provided for a substantially
lower rent at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was
substantially higher than at other times of year by reason of sea-
sonal demand for such housing accommodations. In such cases the
Administrator's order may if he deems it advisable provide for
different maximum rents for different periods of the calendar year.
&
(d) If the rent on the date determining the maximum rent, or
any other fact necessary to the determination of the maximum rent,
is in dispute between the landlord and the tenant, or is in doubt, or
is not known, the Administrator on petition of the landlord filed
prior to July 1, 1942, or at any time on his own initiative, may enter
an order fixing the maximum rent by determining such fact; or if
the Administrator is unable to ascertain such fact he shall enter the
order on the basis of the rent which he finds was generally prevailing
in the Defense-Rental Area for comparable housing accommodations.
on April 1, 1941.
(e) Where, at the expiration or other termination of an under-
lying lease or other rental agreement, housing accommodations or a`
predominant part thereof are occupied by one or more subtenants
or other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occu-
pancy for a rent not in excess of the aggregate maximum rents of
the separate dwelling units, or may rent the separate dwelling units
for rents not in excess of the maximum rents applicable to such units.
R
7
}
23
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition
the Administrator for leave to exercise any right he would have
except for this Maximum Rent Regulation No. 18 to sell his under-
lying lease or other rental agreement. The Administrator may
grant such petition if he finds that the sale will not result, and
that sales of such character would not be likely to result, in the
circumvention or evasion of the Act or this Maximum Rent Regu-
lation No. 18. He may require that the sale be made on such terms
as he deems necessary to prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
I
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 18; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other persons having a legitimate interest
therein; provided, however, that such refusal shall not be ground for
removal or eviction if such inspection or showing of the accommoda-
tions is contrary to the provisions of the tenant's lease or other rental
agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
8
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1
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper au-
thorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for him-
self, his family or dependents; or the landlord seeks in good faith not
to offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of
the Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month pe-
riod, and the Administrator shall grant such permission if he finds
that the action was in good faith and not for the purpose of evading
any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 18 and would not be likely
to result in the circumvention or evasion thereof.
-
}
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 18, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
f
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9
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occupancy under this paragraph may be removed or evicted as pro-
vided in this section.
(d) At the time of commencing any action to remove or evict a ten-
ant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration. On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall ob-
tain the tenant's signature and the date thereof on the back of such
statement. Within five days after renting to a new tenant, the land-
lord shall file a notice on the form provided therefor, on which he
shall obtain the tenant's signature, stating that there has been a
change in tenancy, that the stamped copy of the registration statement
has been exhibited to the new tenant and that the rent for such accom-
modations is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the rgistration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
1
L
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 18 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
·
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10
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lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 18 are subject to criminal penalties,
civil enforcement actions, and suits for treble damages as provided
for by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 18 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 18 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.—(a) When used in this Maximum Rent
Regulation No. 18:
(1) The term "Act" means the Emergency Price Control Act of
1942,
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Youngstown-Warren Defense-Rental
Area or such person or persons as may be designated to carry out any
of the duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Youngstown-Warren Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes the
United States or any agency thereof, or any other government, or any
of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities, and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating, and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
f
11
elevator service, window shades, and storage, kitchen, bath, and laun-
dry facilities and privileges, maid service, linen service, janitor service,
the removal of refuse and any other privilege or facility connected with
the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee, or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or other
person entitled to the possession or to the use or occupancy of any
housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such accom-
modations.
番
​(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly, or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 18.
SECTION 14. Effective Date of the Regulation.—This Maximum
Rent Regulation No. 18 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
手
​LEON HENDERSON, Administrator.
I
Adjustment of maximum rents:
Extent of adjustment to be allowed...
Grounds of adjustment on petition of landlord:
Major capital improvement.
Seasonal rents...
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings or equipment…….
Written lease:
In force April 1, 1941...
With varying rent…….
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment.
Deterioration_
Amendment, Petition for...
Definitions_____
Documents, Filing of….
Evasion of Regulation__
Evictions:
INDEX
Seasonal rents..
Special relationship between landlord and tenant_
Written lease with varying rent..
¦
Nuisance...
Renewal of lease-
Sale___
Demolition or alteration of premises. -
Desire not to offer accommodations for rent...
0
Failure to pay rent__
Immoral or illegal purpose---
Inspection or showing of premises by landlord..
Local law....
W
Subtenants-
Use and occupancy by landlord..
Violation of obligation of tenancy.
Facts in doubt or dispute, Determination of..
Inspection by Administrator__
Leases, Effect of Regulation on…….
Leases, underlying:
-
Maximum rent at termination of.
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished_
Government-owned housing..
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Maximum rents-Continued.
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Housing rented on April 1, 1941...
Housing rented between February 1, 1941, and April 1, 1941.
Housing rented prior to June 1, 1942.
Penalties.
Prohibitions.
Scope of Regulation..
Tenant farmers..
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Housing not rented between February 1, 1941, and June 1, 1942………….
Increase or decrease in number of dwelling units.
Major capital improvement.
Newly constructed housing_
Priority rating, Housing constructed with..
Services, Minimum.
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Domestic servants, caretakers, and other employees….
Hotels and rooming houses_
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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TAP
THE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
JAN 7
197
JAN 7 1973
2.
DATE DUE

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1.
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7215
.A 3
A 47
UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 19 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
a Portion of the Hampton Roads Defense-Rental Area¹
In the judgment of the Administrator, rents for housing accommo-
dations within that portion of the Hampton Roads Defense-Rental
Area designated in the Designation and Rent Declaration issued by
the Administrator on March 2, 1942 (consisting of the Independent ·
Cities of Hampton, Newport News, Norfolk, Portsmouth, and South
Norfolk; the county of Elizabeth City in its entirety; the Magiste-
rial Districts of Deep Creek, Tanners Creek, Washington, and West-
ern Branch, in the county of Norfolk; the Magisterial Districts of
Kempsville and Lynnhaven, in the county of Princess Anne; and the
Magisterial District of Newport, in the county of Warwick, all in the
State of Virginia), have not been reduced and stabilized by State
or local regulation, or otherwise, in accordance with the recommen-
dations set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration
to the rents prevailing for housing accommodations within the said
portion of the Hampton Roads Defense-Rental Area on or about
April 1, 1941. It is his judgment that defense activities had not re-
sulted in increases in rents for such housing accommodations incon-
sistent with the purposes of the Emergency Price Control Act of 1942
prior to April 1, 1941, but did result in such increases commencing
on or about that date. The Administrator has made adjustments for
such relevant factors as he has determined and deemed to be of gen-
eral applicability in respect of such housing accommodations, includ-
ing increases or decreases in property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 19 for housing accom-
modations within the said portion of the Hampton Roads Defense-
Rental Area will be generally fair and equitable and will effectuate
the purposes of the Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 19 is hereby issued.
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 19 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942 of all
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1388.911
to 1388.924, inclusive.
466336°—42
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housing accommodations within that portion of the Hampton Roads
Defense-Rental Area designated in the Designation and Rent Decla-
ration issued by the Administrator on March 2, 1942 (consisting of
the Independent Cities of Hampton, Newport News, Norfolk, Ports-
mouth, and South Norfolk; the county of Elizabeth City; the Magis-
terial Districts of Deep Creek, Tanners Creek, Washington, and
Western Branch, in the county of Norfolk; the Magisterial Districts
of Kempsville and Lynnhaven, in the county of Princess Anne; and
the Magisterial District of Newport, in the county of Warwick, all
in the State of Virginia-hereinafter referred to in this Maximum
Rent Regulation No. 19 as the "Defense-Rental Area"), except as
provided in paragraph (b) of this section.
(b) This Maximum Rent Regulation No. 19 does not apply to the
following:
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of render-
ing services in connection with the premises of which the dwelling
space is a part;
1
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 19 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 19.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 19 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.—
Regardless of any contract, agreement, lease or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942 of any housing
accommodations within the Defense-Rental Area higher than the
maximum rents provided by this Maximum Rent Regulation No. 19;
and no person shall offer, solicit, attempt, or agree to do any of the
foregoing. Lower rents than those provided by this Maximum Rent
Regulation No. 19 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 19 are for housing accommoda-
.
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tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942,
file a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
1th
(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the last
rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941 nor
during the two months ending on that date, but rented prior to June 1,
1942, the first rent for such accommodations after April 1, 1941. On
or before July 1, 1942, every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941 and before June 1,
1942, or (2) housing accommodations changed between those dates
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing ac-
commodations substantially changed between those dates by a
major capital improvement as distinguished from ordinary repair,
replacement and maintenance, the first rent for such accommodations
after such construction or change; provided, however, that, where
such first rent was fixed by a lease which was in force at the time of
a major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
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accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941 and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the first
rent for such accommodations.
-
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Virginia or any of its political subdivisions or any agency of
any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941,
as determined by the owner of such accommodations. The Adminis-
trator may order a decrease in the maximum rent as provided in Sec-
tion 5 (c).
SECTION 5. Adjustments and Other Determinations.-In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941 the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-Rental
Area for comparable housing accommodations on April 1, 1941. In
cases involving construction due consideration shall be given to in-
}
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creased costs of construction, if any, since April 1, 1941. In cases
under paragraphs (a) (7) and (c) (6) of this section the adjustment
shall be on the basis of the rents which the Administrator finds were
generally prevailing in the Defense-Rental Area for comparable
housing accommodations during the year ending on April 1, 1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1912 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941 and within the six months
ending on that date, a substantial change in the housing accommo-
dations by a major capital improvement as distinguished from ordi-
nary repair, replacement, and maintenance, and the rent on April 1,
1941 was fixed by a lease which was in force at the time of such change.
(3) There has been a substantial increase in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
lower than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941 a written lease, which had
been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941;
provided that no increase shall be granted while the lease remains in
force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different max-
imum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain
such services or, before July 1, 1942, file a petition requesting approval
蠢
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of the decreased services. Except as above provided, the landlord shall
maintain the minimum services unless and until he has filed a petition
to decrease services and an order permitting a decrease has been entered
thereon; however, if it is impossible to provide the minimum services,
he shall file a petition within five days after the change of services
occurs. The order on any petition under this paragraph may require
an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on ap-
plication of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
modations on April 1, 1941; or the maximum rent for housing accom-
modations under paragraph (e) of Section 4 for which the rent was not
fixed by the Administrator is higher than such generally prevailing
rent.
(2) There has been a substantial deterioration of the housing accom-
modations other than ordinary wear and tear since the date or order
determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent.
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1, 1941.
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(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or other
persons occupying under a rental agreement with the tenant, the land-
lord may rent the entire premises for use by similar occupancy for a
rent not in excess of the aggregate maximum rents of the separate
dwelling units, or may rent the separate dwelling units for rents not
in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 19 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or evasion
of the Act or this Maximum Rent Regulation No. 19. He may require
that the sale be made on such terms as he deems necessary to prevent
such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.—(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as such
terms and conditions are inconsistent with this Maximum Rent Regu-
lation No. 19; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest therein;
provided, however, that such refusal shall not be ground for removal
or eviction if such inspection or showing of the accommodations is
contrary to the provisions of the tenant's lease or other rental agree-
ment; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
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failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance or
is using or permitting a use of the housing accommodations for an
immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
substantially altering or remodeling it in a manner which cannot prac-
ticably be done with the tenant in occupancy and the plans for such
alteration or remodeling have been approved by the proper authorities,
if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing accom-
modations, such accommodations shall not be rented for a period of
six months after such removal or eviction without permission of the
Administrator. The landlord may petition the Administrator for
permission to rent the accommodations during such six-month period,
and the Administrator shall grant such permission if he finds that the
action was in good faith and not for the purpose of evading any
provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 19 and would not be likely
to result in the circumvention or evasion thereof.
(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
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tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 19, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as provided
in this section.
7
(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration.-On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such other
information as the Administrator shall require. The original shall
remain on file with the Administrator and he shall cause one copy to
be delivered to the tenant and one copy, stamped to indicate that it is
a correct copy of the original, to be returned to the landlord. In any
subsequent change of tenancy the landlord shall exhibit to the new
tenant his stamped copy of the registration statement, and shall obtain
the tenant's signature and the date thereof on the back of such state-
ment. Within five days after renting to a new tenant, the landlord
shall file a notice on the form provided therefor, on which he shall ob-
tain the tenant's signature, stating that there has been a change in
tenancy, that the stamped copy of the registration statement has been
exhibited to the new tenant and that the rent for such accommodations
is in conformity therewith.
No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the registration state-
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ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 19 shall not be evaded,
either directly or indirectly, in connection with the renting or leasing
or the transfer of a lease of housing accommodations, by way of abso-
lute or conditional sale, sale with purchase money or other form of
mortgage, or sale with option to repurchase, or by modification of the
practices relating to payment of commissions or other charges, or
by modification of the services furnished with housing accommoda-
tions, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 19 are subject to criminal penalties,
civil enforcement actions and suits for treble damages as provided for
by the Act.
SECTION 11. Procedure.-All registration statements, reports and
notices provided for by this Maximum Rent Regulation No. 19 shall
be filed with the Area Rent Office. All landlord's petitions and ten-
ant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 19 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.—(a) When used in this Maximum Rent
Regulation No. 19:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Hampton Roads Defense-Rental Area -
or such person or persons as may be designated to carry out any of the
duties delegated to the Rent Director by the Administrator.
}
(4) The term "Area Rent Office" means the office of the Rent Di-
rector in the Hampton Roads Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
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the United States or any agency thereof, or any other government, or
any of its political subdivisions, or any agency of any of the foregoing.
(6) The term "housing accommodations" means any building, struc-
ture, or part thereof, or land appurtenant thereto, or any other real
or personal property rented or offered for rent for living or dwelling
purposes, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use or
occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone, ele-
vator service, window shades, and storage, kitchen, bath, and laundry
facilities and privileges, maid service, linen service, janitor service, the
removal of refuse and any other privilege or facility connected with the
use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the use
or occupancy of any housing accommodations, or an agent of any of
the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or other
person entitled to the possession or to the use or occupancy of any
housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy of
housing accommodations or for the transfer of a lease of such
accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 19.
SECTION 14. Effective Date of the Regulation.-This Maximum
Rent Regulation No. 19 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
LEON HENDERSON, Administrator.
Adjustment of maximum rents:
Extent of adjustment to be allowed...
Grounds of adjustment on petition of landlord:
Major capital improvement--
Seasonal rents...
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment...
Written lease:
In force April 1, 1941...
With varying rent__
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations__
Decrease in services, furniture, furnishings, or equipment.
Deterioration
Seasonal rents__.
Special relationship between landlord and tenant.
Written lease with varying rent__
Amendment, petition for...
Definitions___
Documents, filing of...
Evasion of Regulation……….
Evictions:
INDEX
Demolition or alteration of premises - - -
Desire not to offer accommodations for rent__.
Failure to pay rent--
Immoral or illegal purpose---.
Inspection or showing of premises by landlord…….
Local law__.
Nuisance__.
Renewal of lease..
Sale_____
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Subtenants..
Use and occupancy by landlord..
Violation of obligation of tenancy.
Facts in doubt or dispute, determination of
Inspection by Administrator….
Leases, effect of Regulation on..
Leases, underlying:
Maximum rent at termination of
Sale of __
Maximum rents:
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Change from furnished to unfurnished or from unfurnished to
furnished__---
Government-owned housing_-
Housing rented on April 1, 1941
Housing rented between February 1, 1941, and April 1, 1941.
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Maximum rents-Continued.
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942
Increase or decrease in number of dwelling units.
Major capital improvement.
Newly constructed housing-
Priority rating, housing constructed with..
Penalties_
Prohibitions_.
Scope of Regulation_
Tenant farmers.
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Domestic servants, caretakers, and other employees..
Hotels and rooming houses_
Services, minimum
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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UNITED STATES OF AMERICA
OFFICE OF PRICE ADMINISTRATION
Maximum Rent Regulation No. 20 for Housing Accom-
modations Other Than Hotels and Rooming Houses in
the Puget Sound Defense-Rental Area ¹
1
In the judgment of the Administrator, rents for housing accommo-
dations within the Puget Sound Defense-Rental Area 2 as designated
in the Designation and Rent Declaration issued by the Administrator
on March 2, 1942, have not been reduced and stabilized by State or
local regulation, or otherwise, in accordance with the recommendations
set forth in said Designation and Rent Declaration.
The Administrator has ascertained and given due consideration to
the rents prevailing for housing accommodations within the Puget
Sound Defense-Rental Area on or about April 1, 1941. It is his judg-
ment that defense activities had not resulted in increases in rents for
such housing accommodations inconsistent with the purposes of the
Emergency Price Control Act of 1942 prior to April 1, 1941, but did
result in such increases commencing on or about that date. The Ad-
ministrator has made adjustments for such relevant factors as he has
determined and deemed to be of general applicability in respect of
such housing accommodations, including increases or decreases in
property taxes and other costs.
In the judgment of the Administrator the maximum rents estab-
lished by this Maximum Rent Regulation No. 20 for housing accom-
modations within the Puget Sound Defense-Rental Area will be
generally fair and equitable and will effectuate the purposes of the
Emergency Price Control Act of 1942.
Therefore, under the authority vested in the Administrator by the
Act, this Maximum Rent Regulation No. 20 is hereby issued.
SECTION 1. Scope of Regulation.-(a) This Maximum Rent Regu-
lation No. 20 establishes the maximum rents which may be demanded
or received for use or occupancy on and after June 1, 1942, of all hous-
ing accommodations within the Puget Sound Defense-Rental Area, as
designated in the Designation and Rent Declaration issued by the
Administrator on March 2, 1942, except as provided in paragraph (b)
of this section.
(b) This Maximum Rent Regulation No. 20 does not apply to the
following:
1 Published in the Federal Register as Title 32, Chapter XI, Part 1388, sections 1888.961
to 1388.974, inclusive.
* The Puget Sound Defense-Rental Area consists of the County of Kitsap and those
parts of the Counties of King and Pierce lying west of the Snoqualmie National Forest, in
the State of Washington.
466339°-42
}
1

2
(1) Housing accommodations situated on a farm and occupied by
a tenant who is engaged for a substantial portion of his time in
farming operations thereon;
(2) Dwelling space occupied by domestic servants, caretakers, man-
agers, or other employees to whom the space is provided as part of
their compensation and who are employed for the purpose of rendering
services in connection with the premises of which the dwelling space
is a part;
(3) Housing accommodations within hotels or rooming houses;
provided that this Maximum Rent Regulation No. 20 does apply to
premises or structures though used as hotels or rooming houses.
(c) The provisions of any lease or other rental agreement shall
remain in force pursuant to the terms thereof, except insofar as those
provisions are inconsistent with this Maximum Rent Regulation No. 20.
(d) An agreement by the tenant to waive the benefit of any provi-
sion of this Maximum Rent Regulation No. 20 is void. A tenant shall
not be entitled by reason of this Regulation to refuse to pay or to
recover any portion of any rents due or paid for use or occupancy
prior to June 1, 1942.
SECTION 2. Prohibition Against Higher Than Maximum Rents.-
Regardless of any contract, agreement, lease, or other obligation here-
tofore or hereafter entered into, no person shall demand or receive any
rent for use or occupancy on and after June 1, 1942, of any housing
accommodations within the Defense-Rental Area higher than the max-
imum rents provided by this Maximum Rent Regulation No. 20; and
no person shall offer, solicit, attempt, or agree to do any of the fore-
going. Lower rents than those provided by this Maximum Rent Reg-
ulation No. 20 may be demanded or received.
SECTION 3. Minimum Services.-The maximum rents provided by
this Maximum Rent Regulation No. 20 are for housing accommoda-
tions including, as a minimum, services of the same type, quantity,
and quality as those provided on the date determining the maximum
rent. If, on June 1, 1942, the services provided for housing accommo-
dations are less than such minimum services, the landlord shall either
restore and maintain the minimum services or, before July 1, 1942, file
a petition pursuant to Section 5 (b) for approval of the decreased
services. In all other cases the landlord shall provide the minimum
services unless and until an order is entered pursuant to Section 5 (b)
approving a decrease of such services.
SECTION 4. Maximum Rents.-Maximum rents (unless and until
changed by the Administrator as provided in Section 5) shall be:
(a) For housing accommodations rented on April 1, 1941, the rent
for such accommodations on that date.
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(b) For housing accommodations not rented on April 1, 1941, but
rented at any time during the two months ending on that date, the
last rent for such accommodations during that two-month period.
(c) For housing accommodations not rented on April 1, 1941, nór
during the two months ending on that date, but rented prior to June
1, 1942, the first rent for such accommodations after April 1, 1941.
On or before July 1, 1942, every landlord of housing accommodations
under this paragraph shall file a report on the form provided for each
of such accommodations stating the maximum rent and such other
information as may be required. The Administrator may order a
decrease in the maximum rent as provided in Section 5 (c).
(d) For (1) newly constructed housing accommodations without
priority rating first rented after April 1, 1941, and before June 1,
1942, or (2) housing accommodations changed between those dates.
so as to result in an increase or decrease of the number of dwelling
units in such housing accommodations, or (3) housing accommoda-
tions changed between those dates from unfurnished to fully fur-
nished, or from fully furnished to unfurnished, or (4) housing
accommodations substantially changed between those dates by a major
capital improvement as distinguished from ordinary repair, replace-
ment and maintenance, the first rent for such accommodations after
such construction or change; provided, however, that, where such
first rent was fixed by a lease which was in force at the time of a
major capital improvement, the maximum rent shall be the first
rent after termination of such lease. On or before July 1, 1942, every
landlord of housing accommodations under this paragraph shall file
a report on the form provided for each of such accommodations stat-
ing the maximum rent and such other information as may be re-
quired. The Administrator may order a decrease in the maximum
rent as provided in Section 5 (c).
(e) For (1) newly constructed housing accommodations without
priority rating first rented on or after June 1, 1942, or (2) housing
accommodations changed on or after that date so as to result in an
increase or decrease of the number of dwelling units in such housing
accommodations, or (3) housing accommodations not rented at any
time between February 1, 1941, and June 1, 1942, the rent fixed by the
Administrator. The landlord shall, prior to renting and in time to
allow 15 days for action thereon, file a petition requesting the Admin-
istrator to enter an order fixing the maximum rent therefor. Such
order shall be entered on the basis of the rent which the Administra-
tor finds was generally prevailing in the Defense-Rental Area for
comparable housing accommodations on April 1, 1941. In cases
involving construction due consideration shall be given to increased
costs of construction, if any, since April 1, 1941.
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If no order is entered on such petition within 15 days after filing,
the landlord may rent such accommodations and the first rent therefor
shall be the maximum rent. Within 5 days after so renting, the land-
lord shall report the maximum rent. The Administrator may order
a decrease in such maximum rent as provided in Section 5 (c).
*
(f) For housing accommodations constructed with priority rating
from the United States or any agency thereof for which the rent has
been heretofore or is hereafter approved by the United States or any
agency thereof, the rent so approved but in no event more than the
first rent for such accommodations.
(g) For housing accommodations owned by the United States or
any agency thereof, or any corporation owned thereby, or by the
State of Washington or any of its political subdivisions or any agency
of any of the foregoing, the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941, as determined by the owner of such accommodations. The
Administrator may order a decrease in the maximum rent as provided
in Section 5 (c).
SECTION 5. Adjustments and Other Determinations. In the cir-
cumstances enumerated in this section, the Administrator may issue
an order changing the maximum rents otherwise allowable or the
minimum services required. In those cases involving a major capital
improvement, an increase or decrease in the furniture, furnishings or
equipment, an increase or decrease of services, or a deterioration, the
adjustment in the maximum rent shall be the amount the Adminis-
trator finds would have been on April 1, 1941, the difference in the
rental value of the housing accommodations by reason of such change.
In all other cases, except those under paragraphs (a) (7) and (c) (6)
of this section, the adjustment shall be on the basis of the rent which
the Administrator finds was generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941. In cases involving construction due consideration shall be given
to increased costs of construction, if any, since April 1, 1941. In
cases under paragraphs (a) (7) and (c) (6) of this section the
adjustment shall be on the basis of the rents which the Administrator
finds were generally prevailing in the Defense-Rental Area for com-
parable housing accommodations during the year ending on April 1,
1941.
(a) Any landlord may file a petition for adjustment to increase
the maximum rent otherwise allowable, only on the grounds that:
(1) There has been on or after June 1, 1942 a substantial change
in the housing accommodations by a major capital improvement as
distinguished from ordinary repair, replacement and maintenance.
(2) There was, prior to April 1, 1941, and within the six months
ending on that date, a substantial change in the housing accommoda-
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tions by a major capital improvement as distinguished from ordinary
repair, replacement and maintenance, and the rent on April 1, 1941,
was fixed by a lease which was in force at the time of such change.
(8) There has been a substantial increase in the services, furni-
ture, furnishings or equipment provided with the housing accom-
modations since the date or order determining its maximum rent.
(4) The rent on the date determining the, maximum rent was ma-
terially affected by the blood, personal, or other special relationship
between the landlord and the tenant and as a result was substantially
lower than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) There was in force on April 1, 1941, a written lease, which
had been in force for more than one year on that date, requiring a rent
substantially lower than the rent generally prevailing in the Defense-
Rental Area for comparable housing accommodations on April 1,
1941; provided that no increase shall be granted while the lease
remains in force.
(6) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially higher
rent at other periods during the term of such lease; provided that
no increase shall be granted in excess of the rent provided by said
lease while it remains in force.
(7) The rent on the date determining the maximum rent was sub-
stantially lower than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Admin-
istrator's order may if he deems it advisable provide for different maxi-
mum rents for different periods of the calendar year.
(b) If, on June 1, 1942, the services provided for housing accom-
modations are less than those provided on the date determining the
maximum rent, the landlord shall either restore the services to those
provided on the date determining the maximum rent and maintain.
such services or, before July 1, 1942, file a petition requesting approval
of the decreased services. Except as above provided, the landlord shall
maintain the minimum services unless and until he has filed a petition.
to decrease services and an order permitting a decrease has been entered
thereon; however, if it is impossible to provide the minimum services,
he shall file a petition within five days after the change of services
occurs. The order on any petition under this paragraph may require
an appropriate adjustment in the maximum rent.
(c) The Administrator at any time, on his own initiative or on appli-
cation of the tenant, may order a decrease of the maximum rent
otherwise allowable, only on the grounds that:
(1) The maximum rent for housing accommodations under para-
graphs (c), (d), or (g) of Section 4 is higher than the rent generally
prevailing in the Defense-Rental Area for comparable housing accom-
!
6
modations on April 1, 1941; or the maximum rent for housing ac-
commodations under paragraph (e) of Section 4 for which the rent
was not fixed by the Administrator is higher than such generally
prevailing rent.
(2) There has been a substantial deterioration of the housing ac-
commodations other than ordinary wear and tear since the date or
order determining its maximum rent.
(3) There has been a substantial decrease in the services, furniture,
furnishings or equipment provided with the housing accommodations
since the date or order determining its maximum rent.
(4) The rent on the date determining the maximum rent was ma-
terially affected by the blood, personal or other special relationship
between the landlord and the tenant and as a result was substantially
higher than the rent generally prevailing in the Defense-Rental Area
for comparable housing accommodations on April 1, 1941.
(5) The rent on the date determining the maximum rent was estab-
lished by a written lease which provided for a substantially lower rent
at other periods during the term of such lease.
(6) The rent on the date determining the maximum rent was sub-
stantially higher than at other times of year by reason of seasonal
demand for such housing accommodations. In such cases the Ad-
ministrator's order may if he deems it advisable provide for different
maximum rents for different periods of the calendar year.
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(d) If the rent on the date determining the maximum rent, or any
other fact necessary to the determination of the maximum rent, is in
dispute between the landlord and the tenant, or is in doubt, or is not
known, the Administrator on petition of the landlord filed prior to
July 1, 1942, or at any time on his own initiative, may enter an order
fixing the maximum rent by determining such fact; or if the Admin-
istrator is unable to ascertain such fact he shall enter the order on the
basis of the rent which he finds was generally prevailing in the
Defense-Rental Area for comparable housing accommodations on
April 1, 1941.
(e) Where, at the expiration or other termination of an underlying
lease or other rental agreement, housing accommodations or a pre-
dominant part thereof are occupied by one or more subtenants or
other persons occupying under a rental agreement with the tenant,
the landlord may rent the entire premises for use by similar occupancy
for a rent not in excess of the aggregate maximum rents of the sepa-
rate dwelling units, or may rent the separate dwelling units for rents
not in excess of the maximum rents applicable to such units.
Where housing accommodations or a predominant part thereof
are occupied by one or more subtenants or other persons occupying
under a rental agreement with the tenant, the tenant may petition the
{
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Administrator for leave to exercise any right he would have except
for this Maximum Rent Regulation No. 20 to sell his underlying lease
or other rental agreement. The Administrator may grant such peti-
tion if he finds that the sale will not result, and that sales of such
character would not be likely to result, in the circumvention or eva-
sion of the Act or this Maximum Rent Regulation No. 20. He may
require that the sale be made on such terms as he deems necessary
to prevent such circumvention or evasion.
SECTION 6. Restrictions on Removal of Tenant.-(a) So long as
the tenant continues to pay the rent to which the landlord is entitled,
no tenant shall be removed from any housing accommodations, by
action to evict or to recover possession, by exclusion from possession,
or otherwise, nor shall any person attempt such removal or exclusion
from possession, notwithstanding that such tenant has no lease or
that his lease or other rental agreement has expired or otherwise
terminated, unless:
(1) The tenant, who had a written lease or other written rental
agreement, has refused upon demand of the landlord to execute a
written extension or renewal thereof for a further term of like dura-
tion but not in excess of one year but otherwise on the same terms
and conditions as the previous lease or agreement except insofar as
such terms and conditions are inconsistent with this Maximum Rent
Regulation No. 20; or
(2) The tenant has unreasonably refused the landlord access to the
housing accommodations for the purpose of inspection or of showing
the accommodations to a prospective purchaser, mortgagee or pro-
spective mortgagee, or other person having a legitimate interest
therein; provided, however, that such refusal chall not be ground for
removal or eviction if such inspection or showing of the accommo-
dations is contrary to the provisions of the tenant's lease or other
rental agreement; or
(3) The tenant (i) has violated a substantial obligation of his
tenancy, other than an obligation to pay rent, and has continued, or
failed to cure, such violation after written notice by the landlord that
the violation cease, or (ii) is committing or permitting a nuisance
or is using or permitting a use of the housing accommodations for
an immoral or illegal purpose; or
(4) The tenant's lease or other rental agreement has expired or
otherwise terminated, and at the time of termination the housing
accommodations or a predominant part thereof are occupied by one
or more subtenants or other persons who occupied under a rental
agreement with the tenant; or
(5) The landlord seeks in good faith to recover possession for the
immediate purpose of demolishing the housing accommodations or of
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substantially altering or remodeling it in a manner which cannot
practicably be done with the tenant in occupancy and the plans for
such alteration or remodeling have been approved by the proper
authorities, if such approval is required by local law; or
(6) The landlord seeks in good faith to recover possession of the
housing accommodations for immediate use and occupancy as a dwell-
ing by himself, his family or dependents; or he has in good faith
contracted in writing to sell the accommodations for immediate use
and occupancy by a purchaser, who in good faith has represented in
writing that he will use the accommodations as a dwelling for himself,
his family or dependents; or the landlord seeks in good faith not to
offer the housing accommodations for rent. If a tenant has been
removed or evicted under this paragraph (a) (6) from housing ac-
commodations, such accommodations shall not be rented for a period
of six months after such removal or eviction without permission of
the Administrator. The landlord may petition the Administrator
for permission to rent the accommodations during such six-month
period, and the Administrator shall grant such permission if he finds
that the action was in good faith and not for the purpose of evading
any provision of the Act or this Regulation.
(b) No tenant shall be removed or evicted on grounds other than
those stated above unless, on petition of the landlord, the Administra-
tor certifies that the landlord may pursue his remedies in accordance
with the requirements of the local law. The Administrator shall so
certify if the landlord establishes that removals or evictions of the
character proposed are not inconsistent with the purposes of the Act
or this Maximum Rent Regulation No. 20 and would not be likely
to result in the circumvention or evasion thereof.
7
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(c) Where a tenant is removed or evicted under the provisions of
paragraph (a) (4) of this section, or where the tenant's interest in
the housing accommodations has terminated because the landlord.
has sought a higher rent as authorized by section 5 (e), and at the
time of such removal, eviction or termination the housing accommoda-
tions or a predominant part thereof are occupied by one or more sub-
tenants or other persons who occupied under a rental agreement with
the tenant, such subtenants or other occupants shall be deemed to be-
come the tenants of the landlord on the same terms and conditions,
consistent with this Maximum Rent Regulation No. 20, as they would
have held from the tenant if his tenancy had continued and their
maximum rents shall remain unchanged; provided, however, that this
paragraph shall not prevent the removal or eviction of a subtenant
or other such occupant where the tenant rented to such person in
violation of the obligations of his tenancy. Persons who continue in
occupancy under this paragraph may be removed or evicted as pro-
vided in this section.
1
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(d) At the time of commencing any action to remove or evict a
tenant (except an action based on nonpayment of a rent not in excess
of the maximum rent) the landlord shall give written notice thereof
to the Area Rent Office stating the title and number of the case, the
court in which it is filed, the name and address of the tenant and the
grounds on which eviction is sought.
(e) No provision of this section shall be construed to authorize the
removal of a tenant unless such removal is authorized under the local
law.
SECTION 7. Registration. On or before July 1, 1942, or within 30
days after the property is first rented, whichever date is the later,
every landlord of housing accommodations rented or offered for rent
shall file in triplicate a written statement on the form provided there-
for to be known as a registration statement. The statement shall
identify each dwelling unit and specify the maximum rent provided
by this Regulation for such dwelling unit and shall contain such
other information as the Administrator shall require. The original
shall remain on file with the Administrator and he shall cause one
copy to be delivered to the tenant and one copy, stamped to indicate
that it is a correct copy of the original, to be returned to the land-
lord. In any subsequent change of tenancy the landlord shall ex-
hibit to the new tenant his stamped copy of the registration state-
ment, and shall obtain the tenant's signature and the date thereof on
the back of such statement. Within five days after renting to a new
tenant, the landlord shall file a notice on the form provided therefor,
on which he shall obtain the tenant's signature, stating that there has
been a change in tenancy, that the stamped copy of the registration
statement has been exhibited to the new tenant and that the rent for
such accommodations is in conformity therewith.
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No payment of rent need be made unless the landlord tenders a
receipt for the amount to be paid.
When the maximum rent is changed by order of the Administrator
the landlord shall deliver his stamped copy of the régistration state-
ment to the Area Rent Office for appropriate action reflecting such
change.
SECTION 8. Inspection.-Any tenant or any person who rents or
offers for rent or acts as a broker or agent for the rental of housing
accommodations shall permit such inspection of the accommodations
by the Administrator as he may, from time to time, require.
SECTION 9. Evasion.-The maximum rents and other requirements
provided in this Maximum Rent Regulation No. 20 shall not be
evaded, either directly or indirectly, in connection with the renting
or leasing or the transfer of a lease of housing accommodations, by
way of absolute or conditional sale, sale with purchase money or other
form of mortgage, or sale with option to repurchase, or by modifica-
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tion of the practices relating to payment of commissions or other
charges, or by modification of the services furnished with housing
accommodations, or otherwise.
SECTION 10. Enforcement.-Persons violating any provision of
this Maximum Rent Regulation No. 20 are subject to criminal pen-
alties, civil enforcement actions and suits for treble damages as
provided for by the Act.
SECTION 11. Procedure.-All registration statements, reports, and
notices provided for by this Maximum Rent Regulation No. 20 shail
be filed with the Area Rent Office. All landlord's petitions and
tenant's applications shall be filed with such office in accordance with
Procedural Regulation No. 3.
SECTION 12. Petitions for Amendment.-Persons seeking any
amendment of general applicability to any provision of this Maximum
Rent Regulation No. 20 may file petitions therefor in accordance with
Procedural Regulation No. 3.
SECTION 13. Definitions.—(a) When used in this Maximum Rent
Regulation No. 20:
(1) The term "Act" means the Emergency Price Control Act of
1942.
(2) The term "Administrator" means the Price Administrator of
the Office of Price Administration, or the Rent Director or such other
person or persons as the Administrator may appoint or designate to
carry out any of the duties delegated to him by the Act.
(3) The term "Rent Director" means the person designated by the
Administrator as director of the Puget Sound Defense-Rental Area
or such person or persons as may be designated to carry out any of
the duties delegated to the Rent Director by the Administrator.
(4) The term "Area Rent Office" means the office of the Rent
Director in the Puget Sound Defense-Rental Area.
(5) The term "person" includes an individual, corporation, part-
nership, association, or any other organized group of persons, or legal
successor or representative of any of the foregoing, and includes
the United States or any agency thereof, or any other government,
or any of its political subdivisions, or any agency of any of the
foregoing.
(6) The term "housing accommodations" means any building,
structure, or part thereof, or land appurtenant thereto, or any other
real or personal property rented or offered for rent for living or
dwelling purposes, together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy of such property.
(7) The term "services" includes repairs, decorating and mainte-
nance, the furnishing of light, heat, hot and cold water, telephone,
:
11
elevator service, window shades, and storage, kitchen, bath, and
laundry facilities and privileges, maid service, linen service, janitor
service, the removal of refuse and any other privilege or facility con-
nected with the use or occupancy of housing accommodations.
(8) The term "landlord" includes an owner, lessor, sublessor, as-
signee or other person receiving or entitled to receive rent for the
use or occupancy of any housing accommodations, or an agent of any
of the foregoing.
(9) The term "tenant" includes a subtenant, lessee, sublessee, or
other person entitled to the possession or to the use or occupancy of
any housing accommodations.
(10) The term "rent" means the consideration, including any bonus,
benefit, or gratuity, demanded or received for the use or occupancy
of housing accommodations or for the transfer of a lease of such
accommodations.
(11) The term "hotel" means any establishment generally recog-
nized as such in its community, containing more than 50 rooms and
used predominantly for transient occupancy.
(12) The term "rooming house" means, in addition to its customary
usage, a building or portion of a building other than a hotel in which
a furnished room or rooms not constituting an apartment are rented
on a short time basis of daily, weekly or monthly occupancy to more
than two paying tenants not members of the landlord's immediate
family. The term includes boarding houses, dormitories, auto camps,
trailers, residence clubs, tourist homes or cabins, and all other estab-
lishments of a similar nature.
(b) Unless the context otherwise requires, the definitions set forth
in Section 302 of the Emergency Price Control Act of 1942 shall apply
to other terms used in this Maximum Rent Regulation No. 20.
SECTION 14. Effective Date of the Regulation. This Maximum
Rent Regulation No. 20 shall become effective June 1, 1942.
Issued this 27th day of May 1942.
*
LEON HENDERSON, Administrator.
+
*
3
Adjustment of maximum rents:
Extent of adjustment to be allowed_:
Grounds of adjustment on petition of landlord:
Major capital improvement..
Seasonal rents..
Special relationship between landlord and tenant_
Increase in services, furniture, furnishings, or equipment……… -
Written lease:
INDEX
In force April 1, 1941.
With varying rent.
Grounds of adjustment on application of tenant or on Administrator's
own initiative:
Cases where rent may be decreased to rent of comparable housing
accommodations___
Decrease in services, furniture, furnishings, or equipment.
Deterioration_.
Amendment, Petition for….
Definitions..
Documents, Filing of
Evasion of Regulation.
Evictions:
Seasonal rents..
Special relationship between landlord and tenant_
Written lease with varying rent__
Demolition or alteration of premises..
Desire not to offer accommodations for rent..
་
Failure to pay rent...
Immoral or illegal purpose---
Inspection or showing of premises by landlord.
Local law-.-.
Nuisance
Renewal of lease__
Sale____
Subtenants.
Use and occupancy by landlord_
Leases, Effect of Regulation on..
Leases, underlying:
Violation of obligation of tenancy..
Facts in doubt or dispute, Determination of...
Inspection by Administrator__.
Maximum rent at termination of
Sale of __
1
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1
1
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Maximum rents:
Change from furnished to unfurnished or from unfurnished to furnished_
Government-owned housing_-
Housing rented on April 1, 1941..
1
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4
4-5
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5
5
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5
5-6
6
6
6
6
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10
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10
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13
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Maximum rents-Continued.
Housing rented between February 1, 1941, and April 1, 1941.
Housing rented prior to June 1, 1942.
Housing not rented between February 1, 1941, and June 1, 1942
Increase or decrease in number of dwelling units..
Major capital improvement.
Newly constructed housing___
Priority rating, Housing constructed with.
Penalties
Prohibitions.
Scope of Regulation.
Tenant farmers_
:
Domestic servants, caretakers, and other employees.
Hotels and rooming houses -
Services, Minimum__
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U. S. GOVERNMENT PRINTING OFFICE: 1942
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"
KUNDENERG
THE UNIVERSITY OF MICHIGAN
GRADUATE LIBPARY
JAN 7 1974
JAN 7 1973
DATE DUE
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1