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Page:United States Statutes at Large Volume 61 Part 1.djvu/223

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61 STAT.] SOTH CONG. , 1ST SESS.-CH. 163-JUNE 30, 1947 the Housing Expediter with respect to the establishment and mainte- nance of maximum rents and housing accommodations in the respec- tive defense-rental areas which may be requested by such boards. (3) Within thirty days after receipt of any recommendation of a local board such recommendation shall be approved or disapproved or the local board shall be notified in writing of the reasons why final action cannot be taken in thirty days.' Any recommendation of a local board appropriately substantiated and in accordance with appli- cable law and regulations shall be approved and appropriate action shall promptly be taken to carry such recommendation into effect. (4) Immediately upon the enactment of this Act the Housing Expediter shall communicate with the governors of the several States advising them of the provisions of this subsection and of the number and location of defense-rental areas in their respective States, and requesting their cooperation in carrying out such provisions. (f) The provisions of this title shall cease to be m effect on Febru- ary 29, 1948. RECOVERY OF DAMAGES BY TENANTS SEC. 205. Any person who demands, accepts, or receives any pay- ment of rent in excess of the maxinum rent prescribed under section 204 shall be liable to the person from whom he demands, accepts, or receives such payment, for reasonable attorney's fees and costs as determined by the court, plus liquidated damages in the amount of (1) $50, or (2) three times the amount by which the payment or pay- ments demanded, accepted, or received exceed the maximum rent which could lawfully be demanded, accepted, or received, whichever in either case may be the greater amount: Provided,That the amount of such liquidated damages shall be the amount of the overcharge or overcharges if the defendant proves that the violation was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation. Suit to recover such amount may be brought in any Federal, State, or Territorial court of competent juris- diction within one year after the date of such violation. For the purpose of determining the amount of liquidated damages to be awarded to the plaintiff in an action brought under this section, all violations alleged in such action which were committed by the defendl- Iant with respect to the plaintiff prior to the bringing of action shall be deemed to constitute one violation, and the almounlt demlanded, accepted, or received in connection witl such one violation shall be deemed to be the aggregate amount demanded, accepted, or received in connection with all violations. A judgment in an action under this section shall be a bar to a recovery under this section in any other action against the same defendant on account of any violation with respect to the same plaintiff prior to the institution of the action in which such judgment was rendered. PROHIBITION AND ENFORCEMENT SEC. 206. (a) It shall be unlawful for any person to offer, solicit, demand, accept. or receive any rent for the use or occupancy of any controlled housing accommodations in excess of the maximum rent prescribed under section 204. (b) Whenever in the judgment of the Housing Expediter any person has engaged or is about to engage in any act or practice which constitutes or will constitute a violation of subsection (a) of this section, he may make application to any Federal, State or Territorial court of competent jurisdiction, for an order enjoining such act or practice, or for an order enforcing compliance with such subsection, and upon a showing by the Housing Expediter that such person has 199 Approval of recom- mendations, etc. Cooperation of State governors, etc. Termination of title.