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Wednesday, August 3,1949

FEDERAL REGISTER

4819

2 Rent generally prevailing. In or while the housing accommodation 825.5 Adjustments and other de terminations; general considerations. cases under paragraphs a 6, a were vacant: Provided, however, That 10, c 1, c 4, and c 5 of the tenants consent shall not be re This section sets forth specific stand ards for the adjustment of maximum this section, the adjustment shall be on quired if the Expediter finds that such rents. In applying these standards ahd the basis of the rent which the Expediter change i is reasonably required for the entering orders increasing or decreasing finds was generally prevailing in the de operation of a multiple dwelling struc maximum rents, the Expediter shall give fense-rental area for comparable hous ture or other structure of which the full consideration to the correction of ing accommodations on the maximum housing accommodations are a part, or inequities in maximum rents and the rent date: Provided however, That in ii is necessary for the preservation or purposes and provisions of the Housing cases under paragraphs a 6 and c maintenance of the housing accommoda 5 of this section, the adjustment may tions, or iii is consistent with local and Rent Act of 1947, as amended, as well as any previous changes in the max be on the basis of the rental agreement property management practices and in force on the date determining the customs.
imum rent.
In the circumstances enumerated in maximum rent.
4. Paragraph a 11 of 825.5 is this section, the Expediter may issue an 3 Seasonal rent cases. In cases un amended to read as follows :
order changing the maximum rents der paragraphs a 7, a 14 and 11 Inequitable rents. The landlord otherwise allowable or the minimum c 6 of this section, the adjustment space, services, furniture, furnishings or shall be on the basis of the rents which is suffering an inequity in that i the equipment required, except in cases the Expediter finds were generally pre maximum rent for the housing accom where an order increasing or decreas vailing in the defense-rental area for modations other than company housing ing the maximum rent on the same facts comparable housing accommodations accommodations, i. e., housing accom and grounds was entered under the rent during the year ending on the maximum modations regularly rented to employees of the landlord is substantially lower regulations issued pursuant to the rent date.
Emergency Price Control Act of 1942, as 4 Rent increase approved by Gov than the rent generally prevailing in the amended.
ernment Agency. In cases under para defense-rental area for comparable In making adjustments under this graph a 15 of this section, the ad housing accommodations on the maxi section, recommendations of local ad justment shall be the amount of the rent mum rent date, or ii the landlord has visory boards shall be approved within increase granted by the appropriate not been compensated for a substantial increase in the costs of operating and 30 days if appropriately substantiated agency of the United States.
and in accordance with applicable law 5 Correction of error. In cases un maintaining the housing accommoda and regulations. If any recommenda der paragraph ! of this section, the ad tions since the maximum rent date. The tion cannot be acted upon within 30 days justment shall be in the amount neces adjustment under this paragraph a 11 shall be in an amount sufficient to the board shall be notified in writing of sary to correct the error.
the reasons therefor. Upon approval or Landlords certification as to services, relieve the inequity.
disapproval of any board recommenda etc. Any landlord who files a petition 5. The first paragraph of 825.5 c tion, the board shall promptly, be noti for adjustment under paragraph a of 1 is amended to read as follows:
fied of such approval or disapproval.
this section shall certify that he is main 1
Rent higher than rents generally Standards for adjustments. In addi taining all services, furniture, furnish tion to the adjustment standards which ings and equipment required by this reg prevailing. The maximum rent for the are included in certain subparagraphs ulation and that he will continue to housing accommodations was estab setting forth grounds for adjustment, maintain such services, furniture, fur lished under paragraph c, d, e, g or j of section 4 of the Rent Regu the standards for adjustments under nishings and equipment so long as the this section are set forth below. In ap adjustment in such maximum rent lation for Housing, issued pursuant to plying these standards, the Expediter which may be granted continues in effect. the Emergency Price Control Act of 1942, as amended, or under 825.4 c or e, shall, wherever appropriate, give due Effective date of rent increases. In and said maximum rent is substantially consideration to general increases in the all cases under paragraph a of this defense-rental area since the maximum section the adjustment in the maximum higher than the rent generally prevail rent date in all costs of operating and rent shall be effective as of the date of ing in the defense-rental area for com parable housing accommodations on the maintaining the housing accommoda the filing of the landlords petition.
maximum rent date, taking into consid tions, in the cost of providing services, 2. Paragraph a 1 of 825.5 is eration all relevant factors including any furniture, furnishings and equipment adjustments under 825.5 a which and in the cost of construction or mak amended to read as follows:
ing major capital improvements, except 1
Major capital improvement after may be applicable.
insofar as the landlord has been pre effective date. There has been, on or Sec. 204 d, 61 Stat. 197, as amended viously compensated for such cost in after the effective date of the Rent Regu by 62 Stat. 37, 94, and by Pub. Law 31, lation for Housing, issued pursuant to 81st Cong.; 50 U. S. C. App. 1894 d
creases.
1 Difference in rental value. In the Emergency Price Control Act of This amendment shall become effec those cases involving a major capital 1942, as amended, a substantial change improvement, an increase or decrease in the housing accommodations by a tive July 29, 1949.
in living space, services, furniture, fur major capital improvement, as dis Issued this 29th day of July 1949.
nishings or equipment, an increase or tinguished from ordinary repair, replace
T ighe E. W oods, decrease in the number of subtenants or ment and maintenance. For purposes of Housing Expediter.
other occupants, or a deterioration, the this paragraph a 1, the term major F. R. Doc. 49-6308; Filed, Aug. 2, 1949;
adjustment in the maximum rent shall capital improvement includes any 9:00 a. m.
be the amount the Expediter finds would major installation, replacement, addi have been, on the maximum rent date, tion, betterment or rehabilitation.
the difference in the rental value of the 3. Paragraph a 3 of 825.5 is Controlled Housing Rent Reg., New York housing accommodations by reason of amended to read as follows:
City Defense-Rental Area,1 Amdt. 22
such change: Provided, however, That 3
Substantial increase in space, no adjustment shall be ordered where it P art 825R ent R egulations U nder the appears that the rent on the date deter services, furniture, furnishings or equip H ousing and R ent A ct of 1947, as mining the maximum rent was fixed in ment. There has been a substantial in A mended contemplation of and so as to reflect such crease in the services, furniture, furnish NEW YORK CITY
change: And provided further, That in ings or equipment provided with the cases involving an increase or decrease housing accommodations since the date The Controlled Housing Rent Regula in living space or a change from unfur or order determining its maximum rent, tion for New York City Defense-Rental nished to fully furnished, the adjusted or a substantial increase in the living Area 825.21 to 825.32 is amended in maximum rent shall be not less than the space since June 30,1947 but before April the following respects:
rent which the Expediter finds was gen 1,1948. No adjustment under this para 113 F. R. 5727, 8388; 14 F. R. 18, 93, 144, erally prevailing in the defense-rental graph a 3 shall be ordered on the area for comparable housing accommo basis of any such change unless it oc 1395, 1574, 1868, 2060, 2234, 2607, 3399, 3468, curred with the consent of the tenant 3674, 3745.
dations on the maximum rent date.