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Wednesday , August 3,1949
Controlled Housing Rent Reg., Miami Defense-Rental Area,1 Amdt. 26
P art 825 R ent R egulations U nder the H ousing and R ent A ct op 1947, as A mended M IA M I

The Controlled Housing Rent Regu lation for Miami Defense-Rental Area 825.41 to 825.52 is amended in the following respects:
1.
The unnumbered paragraphs 825.45 are amended to read as follows:
825.45 Adjustments and other de terminations; general considerations.
This section sets forth specific standards for the adjustment of maximum rents.
In applying these standards and entering orders increasing or decreasing maxi mum rents, the Expediter shall give full consideration to the correction of in equities in maximum rents and the pur poses and provisions of the Housing and Rent Act of 1947, as amended, as well as any previous changes in the maximum rent.
In the circumstances enumerated in this section, the Expediter may issue an order changing the maximum rents otherwise allowable or the minimum space, services, furniture, furnishings or equipment required, except in cases where an order increasing or decreasing the maximum rent on the same facts and grounds was entered under the rent regulations issued pursuant to the Emer gency Price Control Act of 1942, as amended.
In making adjustments under this section, recommendations of local ad visory boards shall be approved within 30 days if appropriately substantiated and in accordance with applicable law and regulations. If any recommenda tion cannot be acted upon within 30
days the board shall be notified in writ ing of the reasons therefor. Upon ap proval or disapproval of any board recommendation, the b o a r d shall promptly be notified of such approval or disapproval.
Standards for adjustments. In addi tion to the adjustment standards which are included in certain subparagraphs setting forth grounds for adjustment, the standards for adjustments under this section are set forth below. In applying these standards, the Expediter shall, wherever appropriate, give due consid eration to general increases in the de fense-rental area since the m a x im um rent date in all costs of operating and maintaining the housing accommoda tions, in the cost of providing services, furniture, furnishings and equipment and in the cost of construction or mak ing major capital improvements, except insofar as the landlord has been previ ously compensated for such cost in creases.
1 Difference in rental value. In cases under paragraphs a 1, a 3, a 6, c 2, c 4 and c 6 of this section, the adjustment shall be the amount the Expediter finds would have been, on September 1, 1943, or during the year ending on August 31, 1943, the dif113 P. R. 5735, 6246, 8389; 14 P. R. 20, 93,145, 978, 1395, 1588, 1868, 2061, 2235, 2607, 2716, 3183, 3400, 8468, 3745.

FEDERAL REGISTER

ference in the rental value of the hous ing accommodations by reason of the change on which the adjustment is based: Provided, however, That in cases involving a major capital improvement, an increase or decrease in the services, furniture, furnishings or equipment, and increase or decrease in the number of subtenants or other occupants, or a de terioration, no adjustment shall be or dered to the extent that a rent used in of establishing the maximum rent was fixed in contemplation of and so as to reflect such change: And provided further, That in cases involving an increase or decrease In living space or a change from unfurnished to fully furnished, the ad justment shall be either the amount the Expediter finds would have been on the maximum rent date the difference in the rental value of the housing accommoda tions by reason of such change or on the basis of the rent which the Expediter finds was generally prevailing in the de fense-rental area for comparable hous ing accommodations on the maximum rent date, whichever results in the higher maximum rent.
2 Rent generally
prevailing. In cases under paragraphs a 2, a 8, a 9, c 1, c 3 and c 5 of this section, the adjustment shall be on the basis of the maximum rent which the Expediter finds is generally prevailing in the defense-rental area for comparable housing accommodations, but subject to both proviso clauses set forth in subparagraph 1 immediately above.
3 Accommodations not rented for part of year ending August 31, 1943. In cases under paragraph a 10 of this section, the maximum rent shall be ad justed to an amount to be ascertained by adding to the total rent for the year ending on August 31, 1943, an amount equal to the rent for the housing accom modations during the month or months of that year most nearly comparable to the month or months during which the accommodations were not rented, and dividing by twelve.
4 Rent increase approved by Gov ernment agency. In cases under para graph a 14 of this section, the ad justment shall be the amount of the rent increase granted by the appropriate agency of the United States.
5 Where landlord elects seasonal maximum rents. In cases under para graph h of this section, the adjustment shall be on the basis of the rent which the Expediter finds was generally prevailing in the defense-rental area for compara ble housing accommodations during the corresponding month of the year ending on August 31, 1943.
6 In cases under paragraph j of this section, the adjustment shall be in the amount necessary to correct the error.
Landlords certification as to services, etc. Any landlord who files a petition for adjustment under paragraph a of this section shall certify that he is m ain-
taining all services, furniture, furnish ings and equipment required by this reg ulation and that he will continue to maintain such services, furniture, fur nishings and equipment so long as the adjustment in such maximum rent
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which may be granted continues in effect.
Effective date of rent increases. In all cases under paragraph a of this sec tion the adjustment in the maximum rent shall be effective as of the date of the filing of the landlords petition.
2. Paragraph a 1 of 825.45 is amended to read as follows:
I Major capital improvement after effective date. There has been, since September 1, 1943, a substantial change in the housing accommodations by a major capital improvement, as distin guished from ordinary repairs, replace ment and maintenance. For purposes of this paragraph a 1, the term major capital improvement includes any major installation, replacement, addi tion, betterment or rehabilitation.
3. Paragraph a 3 of 825.45 is amended to read as follows:
3 Substantial increase in space, serv ices, furniture, furnishings or equipment.
There has been since September 1, 1943, a substantial increase in the services, furniture, furnishings or equipment pro vided with the housing accommodations or a substantial increase in the living space since June 30,1947, but before April 1,1948. No adjustment under this para graph a 3 shall be ordered on the basis of any such change unless it oc curred with the consent of the tenant or while the housing accommodations were vacant: Provided, however, That the tenants consent shall not be required if the Expediter finds that such change i is reasonably required for the operation of a multiple dwelling structure or other structure of which the housing accom modations are a part, or ii is neces sary for the preservation or maintenance of the housing accommodations, or iii is consistent with local property manage ment practices and customs.
4. Paragraph a 11 of 825.45 is amended to read as follows:
II Inequitable rents. The landlord is suffering an inequity in th at i the maximum rent for the housing accom modations other than company hous ing accommodations, i. e., housing ac commodations regularly rented to em ployees of the landlord is substantially lower than the rent generally prevailing in the defense-rental area for compara ble housing accommodations on the max imum rent date, or ii the landlord has not been compensated for a substantial increase in the costs of operating and maintaining the housing accommoda tions since the maximum rent date.
The adjustment under this paragraph a 11 shall be in an amount sufficient to relieve the inequity.
5. The first paragraph of 825.45 c 1 is amended to read as follows:
1 Rent higher than rents generally prevailing. The maximum rént for housing accommodations established under paragraph b, d or f of sec tion 4 of the Rent Regulation for Hous ing, issued pursuant to the Emergency Price Control Act of 1942, as amended, or under 825.44 c or e, and said maximum rent is substantially higher