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BOWLES v. LENKO

February 27, 1946

BOWLES, Price Administrator,
v.
LENKO



The opinion of the court was delivered by: GOURLEY

This is a civil action brought by the Administrator of the Office of Price Administration against the defendant, Helen Lenko, under and pursuant to the provisions of Section 205(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix 901 et seq.

It was the contention of the plaintiff that the defendant violated Section 4(a) of the Emergency Price Control Act of 1942, as amended by the Stabilization Extension Act of 1944, 50 U.S.C.A.Appendix 901 et seq., in that the defendant charged rents in excess of the Maximum Rent Regulation (8 Fed.Reg. 14663) as provided for housing accommodations in the Pittsburgh Defense-Rental Area.

 It was further contended by the plaintiff that the defendant is the owner and landlord of certain housing accommodations situate at 533 Chestnut Street, Springdale, Pennsylvania, which is within the Pittsburgh Defense-Rental Area, and charged rental for said premises on the basis of $ 40 per month from November 15, 1944, to and including May 15, 1945, while the legal maximum rent for said housing accommodation was $ 30.00 per month, or the amount of $ 10.00 in excess of the legal maximum rent was charged for a period of seven months or a total overcharge of $ 70.

 The plaintiff claims that the defendant is liable to the Administrator, on behalf of the United States, for the amount of $ 210, the same being three times the amount of said overcharge, pursuant to Section 205(e) of said Act, 50 U.S.C.A.Appendix § 925(e), together with the costs of said proceeding.

 The plaintiff also demands injunctive relief against the defendant, her agents, servants, employees, attorneys, and all persons acting directly or indirectly in her behalf, and which violation of the regulations pertaining to Rent Regulation for Housing would be restrained.

 This matter was presented for hearing before the Court without a jury, and each of the parties to said proceeding filed a stipulation with the court in which they waived the filing of suggested findings of fact and conclusions of law.

 The Court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:

 Findings of Fact

 1. The plaintiff is the duly appointed and qualified Administrator of the Office of Price Administration.

 2. This action is before the Court pursuant to the provisions of Section 205(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix § 901 et seq., and jurisdiction is conferred upon this Court by virtue of Section 205(c).

 3. Rent regulation Section 2(b) of the Act (8 Fed.Reg. 14663) was in effect for housing in the Pittsburgh Defense-Rental Area during the period from November 15, 1944 to and including May 15, 1945.

 4. That the legal maximum rent for the housing accommodation owned by the defendant, Helen Lenko, and which was situate at 533 Chestnut Street, Springdale, Pennsylvania, was $ 30 per month.

 5. That the defendant, Helen Lenko, demanded and received during the period from November 15, 1944, to and including May 15, 1945, the amount of $ 40 per month for the rental of said premises.

 6. That the charge made by the defendant for the rental of said premises was $ 10 per month in excess of the legal maximum rent, and that said charge was made for a period of ...


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