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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Woods v. Cobleigh, 75 F. Supp. 125 (1947)

Citation
Woods v. Cobleigh, 75 F. Supp. 125 (1947)
Parent Document
Woods v. Cobleigh, 75 F. Supp. 125 (1947)
Jurisdiction
New Hampshire (state)
Effective Date
1947-12-19

Full Text

1,362 chars
The plaintiff predicates his right .to bring this action upon the ground that none of the tenants overcharged has instituted an action under ’ Section 205(e) of the Act within 30 days of the occurrence of such violations. The ownership of the property is not an issue, nor do the defendants deny that they have demanded and received the rents as alleged. During the period from July 1 to July 25, 1946, the defendants caused to be served upon the tenants notice, valid under the laws of the State of New Hampshire, to the effect that on the next rent date their rents would be increased at the rate of $2 a week, their tenancies being upon a weekly basis. Thereafter, the defendants demanded and received from the tenants for the use and occupancy of their respective premises this weekly sum which was in excess of the maximum legal rents established by the above Regulation and in effect June 30, 1946. The defendants take, the position that during the period between the expiration of the Act on June 30, 1946, and the effective date of the Price Control Extension Act of 1946 they were free to make an adjustment of the rents and establish new contracts, which they maintain was permissible under state law and no wise in violation of any federal statute or regulation, and having accomplished these changes, such were exempt from the application of the Act.