Skip to main content
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

2,169 chars
The defendants further suggest that it was the duty of the Administrator to issue an order nullifying the acts which occurred during the decontrol period, and offer as an analogy the order of the Administrator with reference to security deposits and cited as 11 F.R. 12056. Paragraph 3 of Section 2 prohibits the demand, receipt, or retention of any security deposit, except within certain limitations. Paragraph 8 of said section, upon which defendants lay considerable stress, contains the following language: “Notwithstanding the preceding provisions of this paragraph (d), the demand, receipt, or retention of a security deposit contrary to such provisions between June 30, 1946, and July 25, 1946, shall not be a violation of this regulation : Provided, however, That the landlord shall refund such security deposit to the tenant within 30 days of July 25, 1946.” The foregoing paragraph 8 was added by Am. 97, 11 F.R. 8164, effective July 26, 1946. The defendants contend that by the language of this subparagraph the Administrator recognized that there was no violation during the so-called holiday period and so declared it, and thereupon issued an order to the effect that if such security deposit had been received, the landlord was obliged to return it within 30 days or be in violation of the Act, and urge that a like order was required by the Administrator to a landlord who had increased the rent beyond the maximum rent in effect on June 30, 1946. A sufficient answer to the defendants’ proposal is that insofar as it concerns the situation in the instant case no order was needed. The reenactment revitalized the pertinent regulation which was in effect on June 30, 1946, and an additional order would add nothing to its force and extent. While the cited instance is irrelevant, it may be observed in passing that it would appear to have been fully authorized by the terms of Sections 2(g) and 201(d) of the Act, and under the rule of Dillingham v. McLaughlin, 264 U.S. 370, 374, 44 S.Ct. 362, 364, 68 L.Ed. 742, that “The operation of reasonable laws for the protection of the public cannot be headed off by making contracts reaching into the future.”