Chapter 91. To extend for the period of seven months the provisions of Title 11 of the Food Control and the District of Columbia Rents Act, approved October 22, 1919, and for other purposes
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CHAP. 91.— An Act To extend for the period of seven months the provisions of Title 11 of the Food Control and the District of Columbia Rents Act, approved October 22, 1919, and for other purposes. August 24, 1921. [[S. 2131](/us/bill/67/s/2131).] [[Public, No. 71](/us/pl/67/71).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia rents. Continued until May 22, 1922. Vol. 41, pp. 298–304. *Post*, p. 543.
That Title II of the Food Control and the District of Columbia Kents Act, approved October 22, 1919, shall remain in full force and effect until May 22, 1922. Sec. 2. That the second paragraph of section 101 of such Act is amended to read as follows: " Term construed. Vol. 41, p. 298, amended.“The term ‘rental property’ means any building or part thereof or land appurtenant thereto in the District of Columbia rented or hired “Rental property.” Buildings, etc., excluded. *Post*, p. 544.and the service agreed or required by law or by determination of the commission to be furnished in connection therewith; but does not include
(a)any portion of a hotel or apartment building,
(b)a garage or warehouse, or
(c)any other building or part thereof or land appurtenant thereto, used by the tenant exclusively for a business purpose other than the subleasing or otherwise subcontracting for use for living accommodations.” " Sec. 3. Vol. 41, p. 299, amended. Compensation of commissioners and secretary. Attorney added. That section 103 of such Act is amended to read as follows: " “Sec. 103. Each commissioner shall receive a salary of $5,000 a year payable monthly. The commission shall appoint a secretary, who shall receive a salary of $3,000 a year, and an attorney, who shall receive a salary of $5,000 a year, payable in like manner; and subject to the provisions of the civil service laws, it may appoint and remove Employees and expenses authorized.such officers, employees, and agents, and make such expenditures for rent, printing, telegrams, telephone, law books, books of reference, periodicals, furniture, stationery, office equipment, and other supplies and expenses as may be necessary to the administration of this title. Duties of attorney.The attorney appointed by the commission shall appear for and represent the commission in all judicial proceedings and generally perform such professional duties and services as attorney and counsel to the commission as may reasonably be required of him by the commission. Accounting.All of the expenditures of the commission shall upon the presentation of itemized vouchers therefor approved by the chairman of the commission be audited and paid in the same manner as other expenditures for the District of Columbia. Appointments from Civil Service eligibles.“With the exception of the secretary and the attorney, all employees of the commission shall be appointed from lists of eligibles supplied by the Civil Service Commission and in accordance with the civil service law.” " Sec. 4. New matter. Vol. 41, p. 304, amended. That Title II of such Act is amended by adding at the end thereof two new sections to read as follows: " “Sec. 123. Owners returning excess rentals relieved from penalty. In all cases where the owner of any rental property, apartment, or hotel has, prior to April 18, 1921, collected or received any rent or charge therefor in excess of the amount fixed in a determination of the commission made and in full force and effect in accordance with the provisions of the title, he may within thirty days after this section takes effect return such excess rental or charge to the 201tenant directly, and if such return is made within such period the owner shall not become liable under the provisions of section 112 of this Act. An owner who has obtained a judgment against a tenantVol. 41, p. 302. Judgments obtained for excess of determined rental to be vacated. for, or which includes, such rent or charge in excess of the amount fixed in such a determination of the commission shall move to vacate such judgment to the amount of such excess, within sixty days after this section takes effect. In case such motion is not made and suchNull and void if motion to vacate, not made. owner does not exercise reasonable diligence to have such judgment vacated, such judgment, to the amount of such excess, shall be null and void. “Sec. 124.
(a)Any violation of this Act or of any order of theProsecutions of violations by Attorney General in lieu of commission after Act terminates. commission, committed before the termination of this Act may, after such termination, be prosecuted by and in the name of the Attorney General in lieu of the commission in the same manner and with the same effect as if this Act had not been terminated. “(b) In the case of
(1)any proceeding begun under the provisionsContinuation of proceeding spending when Act terminates. *Post*, p. 551. of section 114 before the termination of this Act, or
(2)any proceeding on appeal from a determination of the commission begun before the termination of this Act, such proceeding may, after such termination, be continued in the same manner with the same effect as if this Act had not been terminated, and all powers and duties in respect to such proceedings vested in the commission by this Act shall for the purposes of such proceedings be vested in the Attorney General. “(c) Any right or obligation based upon any provision of this ActEnforcement. or upon any order of the commission, accrued prior to the termination of this Act may, after the termination of this Act, be enforced in the same manner and with the same effect as if this Act had not been terminated. “(d) The Attorney General may, after the termination of this Act,Attorney. appoint the attorney last appointed by the commission under the provisions of section 103 to assist in the enforcement of this Act.*Ante*, p. 200. Such attorney shall continue to receive compensation for such services at the rate of $5,000 per annum, payable monthly.”*Post*, p. 551. " Sec. 5. That the provisions of this Act, except section 2, shallEffective date as to exempted buildings. take effect upon the enactment of the Act. Section 2 shall take effect on and after October 22, 1921. Approved, August 24, 1921.