Page:United States Statutes at Large Volume 42 Part 1.djvu/576

 548 SIXTY-SEVENTH CONGRESS. Sess. II. Ch. 197. 1922. ii;. Ompmm limitation tlirig the bona fide owner of any rental property or apart- N°“°° ’°‘1“*'°“· ment shall, u on  thirty days' notice in writing, served in the V°*· 3‘» P- *38* manner provided by section 1223 of the Act entitled ‘An Act to establish a code of laws for the District of Columbia] approved March 3, 1901, as amended (which notice shall contain a full and correct S¢¤¢¤m¤¤¢ of wr- statement of the facts and circumstances upon which the same is p°°”‘ based), have the right to possession thereof, (1) if necessarylimmediately for actual and bona fide occupant? by himself, or °s wife, children, or de endents, or for the making o material Elelpairs or alterations, or for the remodeling or erection of a new b ding, whether or not to be used for rental purposes by the owner, or for any other purpose inconsistent with the continued use or occupancy of the existing tenant, if such purpose does not involve unfair discrimination against such tenant and in favor of any subsequent tenant, or ,,,Y“‘°·°°°‘· by ’°“' (2) if the tenant commits waste, nuisance, breach of peace, or is R•='*l¤¤°¤· otherwise disorderly u on the remises; but in no case shall possession be demanded or obtained gy such owner in contravention of the m:£:¤·==*°¤ •¤'*·¤’ terms of any such lease or contract. After the expiration of the ' thirty days' period specified in such notice, the owner of the rental property or apartment may recover possession thereof in_ accordance * dk- wit such Act of March 3, 1901, as amended. If there IS a dispute Y between the owner and the tenant as to the accuracy or sufficienc of the statement set forth in such notice, as to the good faith of such demand, or as to the service of notice, the matters in dispute shall be determined by the court in the proceedings for the recovery of pos- , l“g*’°' session. Any such displute pending before the commission upon complaint at the time t is section as amended takes effect shall be determined by the court in accordance with the provisions of this section. p,,§§,Y,§’;°“f,,lf,;‘Q,§{'§‘“‘§,§ " (d) During the period between the service of the notice and <>¤¤¤- the final decision in the proceedings for the recovery of possession the tenant shall ay to the owner rent in accordance with the terms of the lease or otllier contract for the use or occupancy of the rental property or apartment, or, in case such lease or contract is modified y any determination of the commission, then in accordance with ,$$',’$*{,‘;'§,°,$,,,,{°* ° such modified lease or contract. Acceptance of such rent by the owner shall not be held a waiver by him of any right under the provisions of this section or under the terms of the lease or contract. If an tenant fails so to pay rent to the owner during such period, the _ rights of the tenant under this section shall cease/’ p,i£f"““°"°"d‘“““p' Sec. 10. That section 110 of Title II of the Food Control and the °dV¤*·¤»P-302-¤¤·¤d· District of Columbia Rents Act is amended by inserting " (a)" after ` the section number and by amending the last sentence thereof to read as follows: "" " (b) In case of the increase of the rent for the use or occupancy c0*;g1gr•s§i*;{1¤¢Mf to of any rental property or apartment, made by a determination of ` the commission from which an appeal is taken by the tenant under the provisions of this title, the tenant shall, from time to time during the period between the filinglpf the determination and the time when the determination becomes al, and in accordance with the terms of the lease or other contract, pay to the commission the amount of the increase and to the owner the remainder of the amoimt of rent in the discretion of the commission and at the time of taking the appeal, give bond, approved by the commission, for the payment of the amount of the increase. The disposition of moneys so paid to the commission and the payments under the terms of the bond shall be Aww dismissed on made m accordance with the determination of the commission as modimmmmpuame. fied by the final decision on appeal. The court shall dismiss the appea of any tenant who fails to comply with this subdivision.
 * ’°°S°¤$*°¤, ‘>Y °"¤°* " (c) '1‘he hts of the tenant under this title shall be subject to the
 * ,#,‘§°{,'{’°°°°° °' md fixed by the determination. In lieu of such payments the tenant may,