Page:United States Statutes at Large Volume 42 Part 1.djvu/577

 SIXTY-SEVENTH CONGRESS. Sess. II. Ch. 197. 1922. 549 "(c) In case of a decrease of the rent b an such determination, “’°“*"°°"°”°d· the tena.nt shall, from time to time duringguchyperiod and in accord- aiiilfusiilliiiriitlgiiiiviixétiid ance with the terms of the lease or other contract, ay to the owner _ the amount of rent fixed by the determination. The difference, if m§§°?;°(iZw?,Lmd§g$r,§ any, between the amount of rent paid during such period and the ’“°‘““°"· amount that would have been payable for such period, under the . determination as modified in accordance with the final decision on appeal, may be added to future rent payments or sued for and recovered in an action in the municipal court of the District of Columbia. _ _ _ "(d) The amendment of this section shall not be held to terminate m$(§glacctgi)]_1;: ,,22 any right for the recovery of rent in an action in the municipal court ““°°* · of thegDistrict of Columbia if such right arose prior to the time that this section as amended takes effect. C _ _ " (e) The decision of the Supreme Court of the District of Columbia subigctn llY°l°Z%¤$°€l§ upon appeal from any determination of the commission shall be final, g§‘m€,°f’ S*“‘°$ S“P"“"° except t at it shall be subject to review by the Supreme Court of the V¤1- 36, D- 1157 United States u on certiorari to the same extent as cases subject to such review und)er section 240 of the Judicial Code, if such writ is duly applied for within thirty days after the decision is rendered. Ea t I t The issue of the writ shall not operate as a supersedeas or in any °° ° Wn ° manner sta or postpone the decision of the Supreme Court of the District of Columbia if such decision affirms or modifies the determination of the commission/’ V0, 4, P 302 www Sec. 11. That section 111 of the Food Control and the District of cd. ’ ' Columbia Rents Act is amended to read as follows: Ownership or m_ "S1;c. 111. The determination of the commission in a proceeding imcymiuges. _ begun by complaint or upon its own initiative fixing fair and reason- ,},°°§f,§}" ffl ab e rents, charges, service, and other terms and conditions of use or ‘°°‘°'* W- occupancy of any rental property or apartment shall constitute the commission’s determination of the fairness and reasonableness of such rents, charges, service, terms, or condition for the rental property or apartment affected, and shall remain in full force and effect notwithstanding any change in ownership or tenanc thereof, unless and until the commission modifies or sets aside such determination upon complaint either of the owner or of the tenant." Vol 4, M ammd_ Sec. 12. That section 112 of the Food Control and the District of ea. ’p` ’ Columbia Rents Act is amended to read as follows: "Si~:c. 112. (a) If the owner of any rental property or aggrtnient ,,,,%’3,°°°,§}‘“d,§$§‘,§§’,,,,i,'{ collects any rent or charge therefor in excess o the amount ed in a "°¤· determination of the commission made and in full force and effect in accordance with the provisions of this title, he shall be liable for cmmmm to bm: and the commission is hereby authorized and directed to commence smarmaéubxeammme. an action in the municipal court of the District of Columbia to recover °°”‘ double the amount of such excess, together with the costs of the agroceeding, which shall include an attorneyis fee of $50, to be tax _ as Jmsdkum 0,mm,_ part o the costs. Such actions shall e brought in the municipal cipalcourrcourt, revardless of the amount to be recovere, and the municipal court is hereby given special jurisdiction to hear and determine all such cases. _ Band vt umd " (b) The commission is hereby authorized to bring such actions “ ml ‘ without the payment of costs, and no bond shall be required in the case of any appeal taken by the commission from any judgment of D, of t the municipal court in any such case. Out of any sums received on  °"‘°'m account of such recovery the commission shall (pati over to the tenant the amount of the excess so pjaidtelg him an e balance shall be paid into the Treasury of the ni States to the credit of the Dis- Pmmm trict of Columbia: Provided, That if the commission finds that such igupgsskggiguumg excess was paid by the tenant voluntarily and with knowledge of the   °°“° commission s determination, the whole amount of such recovery