6. At all times mentioned herein the maximum rent for the aforesaid housing accommodation was $ 36 per month.
7. Knowing that the maximum legal rent was $ 36 per month, the defendant demanded and received rent for the use and occupancy of the aforesaid housing accommodation from the tenant Nan McCloskey in the amount of $ 50 per month for the period July 22, 1947 to October 21, 1947 inclusive, and in the amount of $ 40 per month for the period October 22, 1947 to November 21, 1947, inclusive.
8. The rents received by the defendant as set forth above were in excess of the maximum legal rents for the aforesaid housing accommodation. The total overcharges so received during that period were $ 46.
9. The tenant Nan McCloskey committed waste during her occupancy of the aforesaid housing accommodation to the extent that the defendant had to replace four lighting fixtures at a cost of $ 16 for the fixtures and $ 23 for labor.
10. The defendant is suffering from a physical infirmity which renders him unable to work.
Conclusions of Law.
1. This Court has jurisdiction of this case.
2. The defendant has violated the Emergency Price Control Act of 1942, as amended, and the Housing and Rent Act of 1947, as amended, by receiving rent for a housing accommodation in excess of the maximum legal rent permitted by those Acts and the Regulations issued thereunder.
3. The defendant must pay for the use of the tenant Nan McCloskey the sum of $ 46 less the amount of waste committed by her.
4. The tenant Nan McCloskey is liable to the defendant in the sum of $ 39.
5. The defendant's physical infirmity is no defense to a judgment being entered against him.
6. Judgment is hereby entered in favor of Tighe E. Woods, Housing Expediter, and against the defendant in the sum of $ 273.
7. The defendant shall pay the sum of $ 273 to the Treasurer of the United States for the use and benefit of the following plaintiffs in the respective amounts as follows:
James F. Welch $ 112.00
Nan McCloskey 7.00
Elizabeth Hansen 154.00
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