Genet v. Alechman, 12174.

• Citation: 166 F.2d 699
• Decision Date: 23 March 1948
• Docket Number: No. 12174.,12174.
• Parties: GENET et al. v. ALECHMAN et al.
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

166 F.2d 699 (1948)

GENET et al. v. ALECHMAN et al.

No. 12174.

Circuit Court of Appeals, Fifth Circuit.

March 23, 1948.

W. G. Ward, of Miami, Fla., and Martin Genet, of Miami Beach, Fla., for appellants.

Simon Englander, of Miami Beach, Fla., for appellees.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

This suit was brought by appellees, plaintiffs below, as tenants of the appellants, under Section 205(e) of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 925(e), for treble damages for alleged overpayment of rent, plus reasonable attorney's fees and costs. Finding that the appellants had contracted for and collected rent in excess of the maximum permissible, but that such violations "were neither willful nor the result of failure to take practical precautions against the recurrence of the violations," the trial court rendered judgment in behalf of each plaintiff for the amount of his overpayment and in behalf of all plaintiffs for attorney's fees in the sum of $575, and costs of suit. From that judgment, defendants appeal.

Appellants are the owners of an apartment house in the Miami Defense Rental Area. The rent ceilings became effective in that area as of September, 1943, at which time the three apartments in question were occupied by members of the armed forces and their wives, under written approved leases which provided a basic rental for Apartments No. 6 and No. 9 of $37.50 per month each, and Apartment No. 19 of $40 per month. Each lease was upon a printed form which contained a provision reading as follows:

"The said lessee further covenants and agrees that no more than ____ adults and ____ children shall occupy said premises; provided, however, ____ additional persons may be accommodated as guests of the lessee at the additional rate of $ ___ per day per person."

In each case the blanks were filled in so as to allow for occupancy by two adults and no children; as to the provision for additional persons, the rate in each was $1.00 per person, and the blanks to show the number of additional persons were filled in as follows: Apartment No. 6, "any" additional persons, etc.; Apartment No. 9, "1" additional person, etc.; and in the lease for Apartment No. 19, the blank was left open.

On October 6, 1945, Apartment No. 6 was rented to Abraham Kirshner for occupancy by Mr. Kirshner, his wife, and two children, at a rental of $97.50 a month. On April 27, 1946, Apartment No. 9 was rented to Al Alechman for occupancy by Mr. Alechman and his wife and two children, at a rental of $67.50 a month. On August 14, 1945, Apartment No. 19 was rented to Harry Mizrach for occupancy by Mr. Mizrach and his wife and two children at $100 a month; and subsequently, on August 26, 1946, was rented to Emanuel Weidberg for occupancy by Mr. Weidberg and his wife and two children at the same rent. Mr. Mizrach and his family occupied Apartment No. 19 for two months; the other appellees occupied their apartments from the date of the rental contracts to the date of filing suit. The bill alleged overcharges in 1945 and 1946 on Apartments No. 6 and No. 19 of $60 a month, and $30 a month on Apartment No. 9. Appellants attempt to justify the alleged overcharges on the ground that in September, 1943, each...