203 (b) of the Housing and Rent Act of 1947, as amended, to include the cabinets or containers holding such records and data, as well as the records and data.

Section 203

This section would amend section 204 of the Housing and Rent Act of 1947, as amended.

Subsection (a) of section 204 would be amended to continue the Office of the Housing Expediter to the close of June 30, 1950.

Paragraph (1) of subsection (b) of section 204 would be amended to provide that the Housing Expediter shall not grant adjustment orders increasing maximum rents unless the landlord certifies that he is maintaining all required services and that he will continue to maintain such services as long as such adjustment in the maximum rent continues in effect.

Paragraphs (2) and (3) of subsection (b) of section 204 would be rewritten. No provision would be made for the further execution of voluntary leases increasing maximum rents up to 15 percent. As rewritten, paragraph (2) would provide that all housing accommodations subject to existing 1947 and 1948 voluntary leases would be under control, and that the maximum rent would be the rent set forth in the lease. Paragraph (3) would provide that upon the expiration of a 1947 or 1948 voluntary lease, the maximum rent would be the rent set forth in the lease, plus or minus applicable individual adjustments, unless the housing accommodation is in a defense-rental area where a general increase in maximum rents was or hereafter is granted, in which case the maximum rent would be the lease rent, plus or minus applicable individual adjustments, or the maximum rent in the absence of a lease, whichever is higher. This paragraph also has the effect of recontrolling housing accommodations which were formerly decontrolled because they were subject to 1947 voluntary leases which terminated prior to April 1, 1948.

Paragraph (4) of subsection (b) of section 204 would be amended to continue the requirement for filing reports of termination of voluntary leases.

A new paragraph (5) would be added to section 204 (b) authorizing and directing the Housing Expediter to appoint in each defense-rental area an officer whose function would be to aid tenants and small landlords by giving them information with reference to rent adjustments, helping them prepare applications for rent adjustments, and giving them all necessary information with reference to the rent-control program.

A new paragraph (6) would be added to section 204 (b) to make provision for a graduated automatic increase in maximum rents. Effective October 1, 1949, this provision would increase all maximum rents then in effect by 5 percent of the maximum rent in effect on June 30, 1947 (or if there was no rent in effect on June 30, 1947, the rent first established after June 30, 1947). An additional similar increase of 5 percent would become effective on April 1, 1950. In no case, however, would the maximum rents under this provision be increased to an amount in excess of 115 percent of the maximum rent in effect on June 30, 1947 (or if there was no rent in effect on June 30, 1947, the rent first established after June 30, 1947), plus or minus applicable individual adjustments. If, therefore, for example, a maximum rent is presently 15 percent higher than it was on June 30, 1947, because of

a voluntary lease or because of an over-all increase in the area in the amount of 15 percent, the maximum rent of such accommodations would not be increased by this provision.

Paragraph (1) of section 204 (e) would be amended by changing the designation of subparagraph (C) to (F) and by adding after subparagraph (B) subparagraphs (C), (D), and (E). Subparagraph (C) would authorize the local advisory boards to recommend to the Housing Expediter the reestablishment of maximum rents on units rented for permanent occupancy on March 1, 1949, in motor courts, motels, trailers or trailer spaces if the local board determines that the demand for such rental housing accommodations has not been reasonably met. Subparagraph (D) authorizes any local board to make a recommendation to the Housing Expediter for the establishment of maximum rents in an area or portion thereof with respect to which the Housing Expediter is authorized to control or recontrol. Subparagraph (E) would authorize any local board to recommend the establishment of maximum rents on housing accommodations which were decontrolled under existing law because they were not rented for any successive 24-month period between February 1, 1945, and March 30, 1948, other than to members of the immediate family of the landlord, if the board determines that the demand for such housing accommodations has not been reasonably met.

Subparagraph (1) of section 204 (e) would also be amended to authorize and direct the Housing Expediter to create and if necessary to continue in existence local advisory boards until the termination of the act, whether or not the area over which the board has jurisdiction has been decontrolled.

Subparagraph (1) of section 204 (e) would be further amended by providing that any representative group of tenants or landlords may petition the local board to hold a public hearing on any of the matters on which the board has authority to make a recommendation to the Housing Expediter, except with reference to operations generally of the local rent office. If the local board fails to do so within a reasonable time, the Housing Expediter, on notice from such representative group, must conduct such a hearing. A decision on the merits of the matter must be made by the local board or the Housing Expediter, as the case may be, within 30 days from the date of completion of such hearing. Such a decision if made by the board would be in the form of a recommendation to the Housing Expediter.

Paragraph (2) of section 204 (e) would be amended by giving the Housing Expediter authority to furnish local boards with reporting services for public hearings (including attendance fees) in addition to office space and stenographic assistance.

Paragraph (3) of section 204 (e) would be amended to direct the Housing Expediter promptly to notify the local board in writing in any case where he disapproves a board's recommendation.

The first sentence of paragraph (4) of section 204 (e) would be amended to include a reference to the three new subparagraphs (C), (D), and (E) of section 204 (e) (1), giving the local boards authority to make recommendations on additional matters.

Subparagraph (A) of section 204 (e) (4) would be amended by substituting the word "pleadings" for the word "interpleader." This change is necessary because the interpleader procedure as known in ordinary civil action is not applicable to the proceedings of the local boards or of the Emergency Court of Appeals.

The paragraph immediately following section 204 (e) (4) (E) would be amended to provide that a local board, or any representative group of interested parties, may file a complaint with the Emergency Court of Appeals whether the Housing Expediter approves or disapproves a local board recommendation made in accordance with the prescribed procedures. Such complaint must be filed within 30 days after the date of the Housing Expediter's decision, or if the Housing Expediter does not act on the recommendation within 30 days after it is received by him, the complaint must be filed within 30 days after such 30-day period. If the Expediter holds a hearing, such representative group of interested parties may file a complaint with the Emergency Court of Appeals within 30 days after the Expediter makes the decision, or within 30 days after the expiration of the time within which he is required to make his decision.

It would provide further that the Housing Expediter would be required to file such cases with the Emergency Court of Appeals within 15 days after the clerk of the court has notified the Housing Expediter in writing of the filing of such complaint. The Emergency Court of Appeals would have 60 days within which to make a determination (90 days in exceptional cases) instead of the 30 and 60 day requirements of the present law. Under the present law there is an automatic referral by the Housing Expediter to the Emergency Court of Appeals in every case where he rejects a recommendation of a local advisory board.

Subparagraph (A) of section 204 (e) (5) would be amended to make it conform with the changes made by this bill in section 209 relating to evictions.

Paragraph (6) of section 204 (e) would be amended to eliminate the limitation of 30 cents per hundred words in the cost of stenographic services, used by local advisory boards.

Section 204 (f) would be amended to provide that title II shall cease to be in effect at the close of June 30, 1950, with the exception however that the provisions of section 204 (except subsec. (a) which provides for the continuance of the Office of Housing Expediter and subsec. (f)) would cease to be in effect on March 31, 1950, and with the further proviso that during the period March 31 to June 30, 1950, no tenant may be evicted for refusing to pay rent in excess of the maximum rent which would otherwise be in effect. A savings clause is added with reference to violations.

Section 204 would be further amended by adding a new subsection (h). This subsection would provide that the maximum rent for controlled housing accommodations which are not included within the definition of controlled housing accommodations under the present law would be the the maximum rent last in effect, plus or minus applicable adjustments, or if no maximum rent was ever in effect, it would be the rent generally prevailing in the defense-rental area for comparable controlled housing accommodations within such area, plus or minus applicable adjustments. A proviso, however, is added, to the effect that in cases where hotel accommodations are recontrolled, the maximum rent should be the rent in effect for such accommodations on October 31, 1948.

Section 204 would be further amended by adding a new subsection (i) which would authorize the Housing Expediter, on recommendation of a local board, to establish or reestablish maximum rents in defense

rental areas, or portions thereof, which were designated as defenserental areas under the Emergency Price Control Act of 1942, as amended, whether or not such areas were previously subject to control or had been decontrolled. The local board may make such a recommendation for control or recontrol where it determines (1) that a scarcity of rental housing has developed as a result of national defense activities, or (2) that employment or other conditions have changed in an area to such an extent as to make the supply of rental bousing inadequate to meet the demand, or (3) that rents have increased or are about to increase unreasonably.

Section 204 would be further amended by adding a new subsection (j). This subsection would provide that Federal rent control would be terminated in any State (including a Territory or possession of the United States) whenever the governor of any such State advises the Housing Expediter that its legislature has adequately provided for the establishment and maintenance of maximum rents and has specifically expressed its intent that State rent control shall be in lieu of Federal rent control. As soon as the Housing Expediter receives such advice from a governor he shall immediately make public announcement to that effect, and rent control in that State shall be terminated as of the date on which the State law is to become effective.

Subsection (j) would further provide that if any State (including any Territory or possession of the United States) duly enacts a law declaring that Federal rent control is no longer necessary in that State or any part thereof, and notifies the Housing Expediter to that effect, the Housing Expediter shall immediately make public announcement to that effect. Under such circumstances Federal rent control would end within such State or part thereof on the 15th day after receipt of such notification by the Housing Expediter.

Section 204

This section of the bill would amend section 205 of the present act so as to authorize the United States to institute action for treble damages in cases of violation of maximum rents if the person from whom the illegal payment is demanded, accepted, or received, fails to institute such action within 30 days after the date of the violation or is not entitled for any reason to bring the action. Where such action is instituted by the United States, such person would thereafter be barred from bringing an action for the same violation or violations. Section 205

This section of the bill would rewrite section 206 of the present act. Subsection (a) of section 206 now makes it unlawful for any person to offer, solicit, demand, accept, or receive any rent in excess of the legal maximum rent, or otherwise do or omit to do any act in violation of the provisions of title II. As rewritten by the bill, subsection (a) extends the prohibition to any act in violation of the act, or of any regulation or order or requirement under the act, and makes it unlawful to offer, solicit, attempt, or agree to do anything prohibited by subsection (a).

Subsection (b) of section 206 now authorizes the Housing Expediter to secure from any Federal, State, or Territorial court of competent jurisdiction an order to enjoin any act or practice which constitutes or will constitute violation of any provision of title II. Subsection (b) as amended by the bill would extend this authority to any act or

practice which constitutes or will constitute a violation of any provision of the act or of any regulation or order issued thereunder.

Section 205 of the bill also adds a number of new subsections to section 206 of the act, as follows:

A new subsection (c) provides that any person who willfully violates any provision of the act, or of any regulation or order issued thereunder, and any person who makes any false statement in a material respect in any document or report required to be kept or filed, shall upon conviction be subject to a fine up to $5,000 or imprisonment up to 1 year, or both.

A new subsection (d) provides that district courts shall have jurisdiction of criminal proceedings under subsection (c), and that such proceedings may be brought in any district in which any part of any act or transaction constituting the violation occurred.

The district courts, concurrently with State and Territorial courts, are given jurisdiction of other proceedings under section 205 and subsection (b) of section 206 of the act; such other proceedings may be brought in any district in which any part of any act or transaction constituting the violation occurred, or in the district in which the defendant resides or transacts business, and process in such cases may be served in any district where the defendant resides or transacts business or wherever the defendant may be found. It is provided that any such court shall advance on the docket and expedite the disposition of any criminal or other proceedings brought before it, and that no costs shall be assessed against the Housing Expediter or the United States Government in any proceeding under the act.

A new subsection (e) provides that no person shall be liable for damages or penalties in any Federal, State, or Territorial court by reason of anything done or omitted to be done in good faith pursuant to any provision of the act or any regulation, order, or requirement thereunder, even though such provision, regulation, order, or requirement has been modified, rescinded, or determined to be invalid. It also provides that in any suit or action in which a party relies upon the act or any regulation, order, or requirement thereunder, the court having jurisdiction shall certify such fact to the Housing Expediter, and the United States may intervene in any such suit or action.

A new subsection (f) provides that the principal office of the Housing Expediter shall be in the District of Columbia, but that he or any duly authorized representative may exercise any or all of his powers in any place. It also provides that attorneys appointed by the Housing Expediter may, under such authority as may be granted by the Attorney General, appear for and represent the United States in any case arising under the act.

A new subsection (g) grants authority to the Housing Expediter to make such studies and investigations, to conduct such hearings, and to obtain such information as he deems necessary or proper in prescribing any regulation or order under the act, or in the administration and enforcement of the act and regulations and orders prescribed thereunder. For the purpose of obtaining such information, the Housing Expediter is authorized, by regulation or order, to require any person who rents or offers for rent or who acts as broker or agent for the rental of any housing accommodations to furnish information under oath or affirmation or otherwise, to make and keep records and other documents and to make reports, and to permit the inspection and copying of records and other documents and the inspection of