Evening star., 1948-10-10
Housing Agency
Seeks Reversal
Of Rent Ruling
IhIder Asks Review
Of Decision Against
Capital Authority


Authority has asked the Justice De-
partment to take steps, to upset q
Court of Appeals ruling that the
housing authority is subject to the
rent control laws the same as an
individual or corporation.
John Ihlder, executive officer OF
the housing authority, announced
yesterday that it has recommended
that the Justice Department petit
ton the Supreme Court for re-
view of the Court of Appeals ruling.
He said the decision was taken
after careful consideration and
after consultation with the Depart
ment of Justice"
Mr.. Ihlder said the Justice De-
partment also was asked to take
action to stay the mandate of the
Court OF Appeals pending the petit
ton to the Supreme Court. That
mandate is scheduled to be issued
this week.
Still Studying Ruling.
Robert F. Cogswell, District rent
control administrator, said last week
his Office had been informed the
housing authority planned to regis
ter its rental units within the Dis
trict with Mr.. Cogswells agency.
At the same time, however, Mr..
Ihlder said he still was studying
the ruling against his agency.
The United States Court of Ap-
peals decision of September q re-
versed Municipal Court of Appeals
ruling that the Government had a
right to force a tenant to vacate
his residence in Government hous-
ing project because the tenant had
refused to pay increased rent.
The case was that of Reginald
P. Wittek, a housing authority
tenant at 5 Quadrant Green S.W.
The housing authority sought to
evict him after he was said to have
refused to pay rent increase which
boosted his rent from $500 to s43
a month.
Originally Built by Navy.
Mr.. Ihlder explained the quarters
in question, originally built by the
Navy and later turned over to the
housing authority, had been heated
by sludge gas bought from the Dis
trict's sewage disposal plant. To in
sure an uninterrupted supply OF gas,
Mr.. Ihlder said, the housing au-
thority changed to gas supplied by
the Washington Gas Light Co., and
charged the higher cost of the gas
against the tenants.
The housing authority has 7.l8O
dwelling units in the District and
946 in Maryland. Mr.. Ihlder em-
phasized yesterday that the rents
are lower than those OF private
housing, basically being on a cost
level. sz1,Es 2. aass.ss.S q ss,.sts
Some rents are below the, cost
level, fixed in accordance with the
tenants net family income and be-
ing as low as s12 month. The
cost-leveI rents range from $45 to
S54.5O a month. The difference be-
tween the cost-level rents and the
graded rents, Mr.. Ihlder said, is
made up from Federal subsidy and
the District tax exemption.
Some Urged to Move.
Some families whose income has
increased to above the $3,0O0-a-year
level emitting them to cost-level
rents have been urged to move,
but 334 still remain. Mr.. Ihlder ex-
planned that as an incentive for
this group to seek private dwell
ings. the authority graded the rents
of its highest income tenants up
to the level of comparable quarters
in private housing.
Mr.. Ihlder said the Appeals
Courts decision had given many
tenants the impression their rents
would be reduced. Referring to the
high income group still occupying
Government units, Mr.. Ihlder
warned that those who believe the
ruling would result in lower rents
may find instead that they are
forced to move into private hous-
ing at higher rates.
Should the District rent control
office be called on to fix the rents,
Mr.. Cogswell has explained the pro-
cedure likely would be to roll the
rents back to the 1941 figure, after
which the housing authority would
ask for and justify rents at higher
figures. Rents might possibly be
allowed at the level of comparable
housing in privately owned dwell
ings.