Reseña de Block v. Gates Et Al.

Block v. Gates Et Al. de District of Columbia Court of Appeals. Resumen del Libro

CLAGETT, Associate Judge. Plaintiff as landlord originally sued tenants, a man and his wife, for possession of a three-room apartment on the ground that they had violated a rental agreement by having a baby while in the apartment although it had been covenanted that occupancy would be restricted to the couple and a 13-year-old daughter. The baby was born about two months after the occupancy began. Subsequently and with leave of court the landlord filed an amended and supplemental complaint in which he sought to evict the tenants on the additional ground of nonpayment of rent. He also sued for rent in arrears. The 13-year-old child was permitted to intervene as an additional party defendant. Thereafter the original defendants filed a counterclaim for rent overcharge, for refusal of the landlord to furnish services to which they were entitled under the District of Columbia Emergency Rent Act, D.C.Code 1940, § 45-1601 et seq., and for attorney's fee. The trial court gave judgment for possession to the landlord for the nonpayment of four months' rent amounting to $200 but made no finding on the claim for possession based upon the birth of the baby. The court also gave judgment on the counterclaim for $100 representing twice the rent overcharge plus $50 for failure on the part of the landlord to furnish heat, hot water and the maintenance of the apartment in habitable condition; and also awarded defendants $100 as attorney's fee and $30 to the attorney appointed by the court as guardian ad litem for the 13-year-old child. No appeal has been taken from the judgment for possession, but the landlord appeals from each of the items contained in the judgment on the counterclaim. The principal controversy on appeal involves the legal rent for the apartment. By an order of the Rent Administrator dated August 1, 1945, the rent on a 'unit' basis was fixed at $50 a month. The Administrator's order also provided for rentals per person, the rate per person for triple occupancy being $22.50. The order specified that 'The unit rate applies whenever two or more occupants of a unit have entered into a joint agreement with the landlord as to the termination of the tenancy.' The landlord required each of the tenants, namely, the man and his wife and the 13-year-old daughter, to sign separate rental agreements and as a result contends that the $50 'unit' rental did not apply but that instead he was entitled to collect $22.50 a month from each member of the family, or a total of $67.50 a month. He did, in fact, collect this amount for the first month of the tenancy which began July 19, 1948.

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