herein be habitable as housing accommodations.
13. The action of the landlord in dismantling the furnace and in failing to repair or replace the same constituted a wilful violation of the Act and Regulation.
14. The defendant has failed to respond to requests from the Pittsburgh Area Rent Office to restore the central heating equipment in the premises concerned herein, which equipment he is obligated to provide under the Act and Regulation.
15. The defendant has previously violated the Act and Regulation with respect to the subject premises and the above named tenant, in that he demanded and received from the tenant more than the legal maximum rent for the premises, and that a decree was entered against him at a proceeding in this Court at Civil Action File No. 9011, which decree was consented to by defendant's attorney, requiring the defendant to refund to the tenant within a period of 180 days from the date of said Order the sum of $ 364, and said decree also contained a general injunction against the defendant against further violations of the Act and Regulation.
16. The defendant has attempted on several occasions and on various grounds to bring about the removal of the tenant from the premises upon applications to the Area Rent Office, which such applications were denied and which actions were unappealed from, or, if appealed from, the action of the Area Rent Office was sustained by proper administrative authority.
17. The action of the defendant in dismantling the furnace in the subject premises and failing to repair or replace the same is calculated to bring about the removal of the tenant by making the premises uninhabitable and appears to be part of a course of conduct on the part of the defendant designed to bring about the removal of the tenant because of action which he, the tenant, had a right to take under the Act and Regulation, and such course of conduct constitutes a violation of Sections 206(a)(2) and subsection (h) of the Act.
18. In addition to the unit occupied by the above named tenant at the premises at 94 Crafton Avenue, there are at least two other housing units in the structure at that address presently unoccupied, and defendant is the owner of 96 Crafton Avenue, the other side of the subject premises, wherein he rents housing accommodations to several tenants; furthermore, he is the owner of housing accommodations subject to rent control and rented to several tenants at another location on Division Street.
19. The defendant has shown an inclination to violate the Act and Regulation in other respects, in that he failed and refused, upon numerous requests of the Area Rent Office to file a registration for the apartment occupied by the tenant, Kazimer, at 94 Crafton Avenue, when the same was first rented to this tenant in its present form.
Conclusions of Law
1. That this Court has jurisdiction of the parties to and the subject matter of this action by virtue of Section 206(b) of the Federal Housing and Rent Act of 1947, as amended.
2. That the defendant, Clifford A. Roberts, has wilfully engaged and is about to engage in acts and practices which constitute and will constitute a violation of Section 206(a) and (h) of the said Act, with respect to the premises at 94 Crafton Avenue, Pittsburgh 5, Pennsylvania, occupied by the tenant, Peter R. Kazimer, and in other respects and may engage in such practices with respect to other housing accommodations subject to the Act and the Controlled Housing Rent Regulation which the defendant rents to tenants.
3. That the action of the defendant in dismantling the furnace in the structure at 94 Crafton Avenue is a wilful violation of the Act and Regulation and is calculated to circumvent the said Act and Regulation, which action should be enjoined.
4. An injunction would be granted against the defendant, Clifford A. Roberts, requiring him to restore, or install within ten days, heating equipment in the premises occupied by the tenant, Kazimer, of 94 Crafton Avenue, so that it may be safely used for heating the premises adequately, sufficient to maintain the health and well being of said tenant.
5. As to the premises in question, the aforesaid injunction shall further enjoin and restrain the defendant, Clifford A. Roberts, his agents, servants, employees and all persons in active concert or participation with him generally from directly or indirectly violating the Federal Housing and Rent Act of 1947, as amended or superseded, and the Controlled Housing Rent Regulation issued thereunder, as amended or superseded.
6. That the decree to be entered against the defendant Clifford A. Roberts, shall require him to pay the costs of this proceeding.
An appropriate order is entered.