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WOODS v. LOMBARDI

March 13, 1951

WOODS
v.
LOMBARDI



The opinion of the court was delivered by: BURNS

1. At all times pertinent hereto, Mrs. Ana Lombardi, defendant, was owner of housing accommodations at 420 Wood Street, Greensburg, Pennsylvania. This property was a dwelling which included an apartment on the first floor and an apartment on the second floor.

 3. In the spring of 1947, there was a fire in the second-floor apartment. Some damage to both apartments resulted.

 4. Defendant thereafter incurred some expenditure to effect repairs to, and do some remodeling of, those apartments.

 5. On May 28, 1947, and on June 18, 1947, defendant and the tenants of the two apartments entered into written lease agreements which set the rental of each apartment, 'subject to the approval of the Office of Price Administration', at $ 42.50 per month. Each lease was to be for a period of one year, beginning June 1, 1947.

 6. Defendant filed a petition for adjustment of the maximum allowable rent of each apartment on October 23, 1947. On March 3, 1948, the Rent Director for the Pittsburgh Defense Rental Area denied the application. His order was affirmed by the Acting Regional Housing Expediter on April 2, 1948.

 7. From June 17, 1947, to April 1, 1948, defendant demanded and received $ 42.50 monthly rental from the tenant of the first-floor apartment, one Alvin Costabile. The total amount which defendant received in excess of the maximum legal rental was $ 166.25.

 8. From June 17, 1947, to May 31, 1948, defendant demanded and received $ 42.50 monthly rental from one Joseph E. Meyers, the tenant of the second-floor apartment. The total amount which defendant received in excess of the maximum legal rental was $ 201.25.

 9. Because defendant refused to accept tender of the maximum legal rental, $ 25.00 per month, Costabile paid no rent for the months of April, May, and June, 1948. On July 1, 1948 therefore, Costabile had not paid defendant the $ 75.00 rental which he owed for the three aforementioned months.

 10. Because defendant refused to accept tender of the maximum legal rental, $ 25.00 per month, Meyers paid no rent for the month of June, 1948. On July 1, 1948, therefore, Meyers had not paid defendant the $ 25.00 rental which he owed for June.

 11. The instant complaint was filed on December 29, 1947.

 12. On July 3, 1948, Costabile and his wife signed an instrument in which they recited that their claims, arising out of the payment of rent in excess of the maximum legal rental, had been satisfied. Defendant in the same instrument acknowledged receipt of all rent due to July 1, 1948, and further promised to install a bathroom in the first-floor apartment. Although the tenant continued to occupy said apartment, defendant failed to install such bathroom.

 13. On June 28, 1948, Meyers and his wife signed an instrument in which they recited that their claims, arising out of the payment of rent in excess of the maximum legal rental, had been satisfied. ...


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