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4820

RULES AND REGULATIONS

3 Substantial increase in space, 1.
The unnumbered paragraphs of rent which the Expediter finds was gen 825.25 are amended to read as follows: erally prevailing in the defense-rental services, furniture, furnishings or equip area for comparable housing accommo ment. There has been a substantial in 825.25 Adjustments and other deter dations on the maximum rent date.
crease in the services, furniture, furnish minations; g e n e r a l considerations.
2 Rent generally prevailing. In ings or equipment provided with the This section sets forth specific standards cases under paragraphs a 6, a housing accommodations since the date for the adjustment of maximum rents.
10, c 4 and c 5 of this section, or order determining its maximum rent, In applying these standards and entering the adjustment shall be on the basis of or a substantial increase in the living orders increasing or decreasing maxi the rent the Expediter finds was space since June 30, 1947, but before mum rents, the Expediter shall give full generally which prevailing in the defenseApril 1, 1948. No adjustment under this consideration to the correction of inequi rental area for comparable housing ac paragraph a 3 shall be ordered on ties in maximum rents and the purposes commodations on the maximum rent the basis of any such change unless it and provisions of the Housing and Rent date: Provided, however, That in cases occurred with the consent of the tenant Act of 1947, as amended, as well as any under paragraphs a 6 and c 5 of or while the housing accommodations previous changes in the maximum rent. this section,the adjustment may be on were vacant: Provided, however, That In the circumstances enumerated in the basis of the rental agreement in force the tenants consent shall not be required this section, the Expediter may issue an on the date determining the maximum if the Expediter finds that such change order changing the maximum rents rent.
i is reasonably required for the op otherwise allowable or the minimum 3 Seasonal rent cases. In cases un eration of a multiple dwelling structure space, services, furniture, furnishings or der paragraphs a 7, a 14 and or other structure of which the housing equipment required except in cases c 6 of this section, the adjustment accommodations are a part, or ii is where an order increasing or decreasing shall be on the basis of the rents which necessary for the preservation or main the maximum rent on the same facts and the Expediter finds were generally pre tenance of the housing accommodations, grounds was entered under the rent reg vailing in the defense-rental area for or iii is consistent with local property ulations issued pursuant to the Emer comparable housing accommodations management practices and customs.
gency Price Control Act of 1942, as during the year ending on September 30, 4. Paragraph a 11 of 825.25 is amended.
1943.
amended to read as follows:
In making adjustments under this sec 4 Rent increase approved "by Gov tion, recommendations of local advisory ernment Agency. In cases under para 11 Inequitable rents. The landlord boards shall be approved within 30 days graph a 15 of this section, the ad is suffering an inequity in that i the if appropriately substantiated and in justment shall be the amount of the rent maximum rent for the housing accom accordance with applicable law and reg increase granted by the appropriate modations other than company housing ulations. If any recommendation cannot agency of the United States.
accommodations, i. e., housing accom be acted upon within 30 days the board 5 Rent concession cases. In cases modations regularly rented to employees shall be notified in writing of the rea under paragraph c 8 of this section, of the landlord is substantially lower sons therefor. Upon approval or disap the adjustment shall be on the basis of than the rent generally prevailing in the proval of any board recommendation, the average rent during the period of the board shall promptly be notified of occupancy of the lease or other rental defense-rental area for comparable hous ing accommodations on the maximum such approval or disapproval.
agreement in effect on the date deter rent date, or ii the landlord has not Standards for adjustments. In addi mining the maximum rent.
tion to the adjustment standards which 6 Correction of error. In cases un been compensated for a substantial in are included in certain subparagraphs der paragraph i of this section, the ad crease in the costs of operating and main setting forth grounds for adjustment, justment shall be in the amount neces taining the housing accommodations since the maximum rent date. The ad the standards for adjustments under sary to correct the error.
this section are set forth below. In ap Landlords certification as to services, justment under this paragraph a 11
plying these standards, the Expediter etc. Any landlord who files a petition shall be in an amount sufficient to relieve shall, wherever appropriate, give due for adjustment under paragraph a of the inequity.
consideration to general increases in the this section shall certify that he is main 5. The first paragraph of 825.25 c defense-rental area since the maximum taining all services, furniture, furnish 1 is amended to read as follows:
rent date in all costs of operating and ings and equipment required by this reg maintaining the housing accommoda ulation and that he will continue to 1
Rent higher than rents generally tions, in the cost of providing services, maintain such services, furniture, fur prevailing. The maximum rent for the furniture, furnishings and equipment nishings and equipment so long as the housing accommodations was established and in the cost of construction or mak adjustment in such maximum rent which under paragraph c, d, e, g or j ing major capital improvements, except may be granted continues in effect.
of section 4 of the Rent Regulation for insofar as the landlord has been pre Effective date of rent increase. In all viously compensated for such cost in cases under paragraph a of this section Housing, issued pursuant to the Emer creases.
the adjustment in the maximum rent gency Price Control Act of 1942, as 1
Difference in rental value. In shall be effective as of the date of the amended, or under 825.24 c or e, and said maximum rent is substantially those cases involving a major capital filing of the landlords petition.
higher than the rent generally prevail improvement, an increase or decrease in 2. Paragraph a 1 of 825.25 is ing in the defense-rental area for com living space, services, furniture, furnish ings or equipment, an increase or de amended to read as follows :
parable housing accommodations on the crease in the number of subtenants or 1
Major capital improvement after maximum rent date, taking into con other occupants, or a deterioration, the effective date. There has been, on or sideration all relevant factors including adjustment in the maximum rent shall after the effective date of the Rent Reg any adjustments under 825.25 a be the amount the Expediter finds would ulation for Housing, issued pursuant to which may be applicable.
have been, on the maximum rent date, the Emergency Price Control Act of 1942, Sec. 204 d, 61 Stat. 197, as amended by the difference in the rental value of the housing accommodations by reason of as amended, a substantial change in the 62 Stat. 37, 94, and by Pub. Law 31, 81st such change: Provided, however, That housing accomrriodations by a major Cong.; 50 U. S. C. App. 1894 d
no adjustment shall be ordered where it capital improvement, as distinguished This amendment shall become effec appears that the rent on the date deter from ordinary repair, replacement and mining the maximum rent was fixed in maintenance. For purposes of this para tive July 29, 1949.
contemplation of and so as to reflect such graph a 1, the term major capital Issued this 29th day of July 1949.
change: And provided further, That in improvement includes any major in T ighe E. W oods, stallation, replacement, addition, better cases involving an increase or decrease I Housing Expediter.
ment or rehabilitation.
in living space or a change from unfur F. R. Doc. 49-6303; Filed, Aug. 2, 1949;
3. Paragraph a 3 of 825.25 is nished to fully furnished, the adjusted 8:59 a. m.
maximum rent shall be not less than the amended to read as follows: