DURATION AND EFFECT OF DETERMINATION PERIOD FOR WHICH DETERMINATION IS

IN FORCE.

13. The determination of the court, except as hereinafter provided, shall remain in force for such period, not less than six months nor more than three years after such determination as may be therein mentioned; but, if no period is mentioned, it shall remain in force for three years after such determination. Such determination while in force shall apply to any lease of the dwelling house then current, and to the lessor and lessee thereof, notwithstanding any change of ownership or tenancy.

While any such determination is in force, no application shall be made to vary it, or to determine the fair rent of the dwelling house, unless where the applicant is the lessor, and satisfies the registrar that substantial alterations or additions have been made to the dwelling house since the said determination, or that the outgoings of the lessor in respect of the dwelling house have been increased.

RENT TO BE AS DETERMINED.

14. While any such determination is in force, the rent paid by any lessee shall not exceed the fair rent determined by the court, notwithstanding any term or covenant in any lease current at the time of the application, or made at any time thereafter during such period, and any sum paid as rent during such period, or any period subsequent to the date fixed by the court, by any lessee in excess of such fair rent, may be recovered by the lessee. from the lessor to whom it was paid in an action of debt in any competent court.

PENALTY ON LESSOR.

15. Any person who, during the period while any determination of the fair rent of a dwelling house is in force, lets the said dwelling house at a rent exceeding the fair rent determined by the court, or during such period knowingly receives any sum as rent exceeding the fair rent as so determined shall be liable to a penalty not exceeding twenty pounds.

COVENANTS TO PAY RENT IN EXCESS OF THAT DETERMINED TO BE VOID.

16. While any such determination in respect of a dwelling house is in force, the legal remedies for enforcing any covenant or agreement (a) to pay rent for such dwelling house in excess of that fixed by such determination; or (b) which directly or indirectly would secure to any person the payment of rent or of money in respect of the occupation of such dwelling house so that the amount received by such person would exceed the fair rent fixed by such determination, shall be limited to enforcing the fair rent so determined.

THREATS AGAINST LESSEES.

17. (1) Any person who by any threat endeavors to dissuade or prevent a lessee from making or prosecuting any application under this act shall be liable to a penalty not exceeding fifty pounds.

ACTS TO THE DETRIMENT OF LESSEES.

(2) Any person who unlawfully does or procures any act or thing to be done for the purpose of imposing any detriment or disadvantage upon a lessee by reason of his having made an application under this act, shall be liable to a penalty not exceeding fifty pounds; and if two or more persons concur in the doing of any such act, or in procuring any such thing to be done, they shall each be liable to a penalty not exceeding one hundred pounds.

JURISDICTION OF THE COURT-DETERMINATION TO BE FINAL.

18. The court in every case shall have jurisdiction to inquire and decide whether any application or subject matter is within the provisions of this act, and whether such application and subject matter may be considered and determined hereunder; and every decision, determination, and order of the court purporting to have been made under the provisions of this act shall be final, and no writ of prohibition or certiorari shall lie in respect thereof.

POWERS OF THE COURT.

19. The court shall have the powers conferred by the royal commissioners evidence act, 1901, on a commissioner appointed thereunder; and the said act, section nine excepted, shall, mutatis mutandis, apply to any witness or person summoned by or appearing before the court.

COSTS.

20. No costs shall be allowed in any proceeding under this act.

GENERAL PROVISIONS-CONTRACTS LIMITING RIGHT TO PROCEED UNDER THIS ACT TO BE VOID.

21. Any covenant or agreement by which any person purports to limit his right to proceed under this act for the determination of the fair rent of a dwelling house, or to affect any rights to which he would be entitled under this act, shall be void.

INSPECTION OF RATE BOOKS.

22. The clerk or other officer having custody of the rate books of a municipality or shire shall allow the registrar to inspect and take copies of or extracts from such rate books, and shall not be entitled to charge any fees in respect of such inspection, copies, or extracts.

INFORMATION AS TO FAIR RENT OF DWELLING HOUSE.

23. Any person on tendering the sum of sixpence shall be entitled to obtain from the registrar information as to the fair rent of any dwelling house as fixed by the court.

REGULATIONS.

24. The governor may make regulations for carrying out the provisions of this act, and in particular for regulating the making and receipt of applications to determine fair rent and prescribing the notices to be given of the same; prescribing the procedure in respect of such applications; prescribing the forms which may be used for the purpose of this act; and prescribing the duties and powers of the registrar and other officers.

Such regulations shall

(1) Be published in the Gazette;

(2) Take effect from the date of publication or from a later date to be specified in such regulations; and

(3) Be laid before both houses of Parliament within fourteen days after publication if Parliament is in session; and if not, then within fourteen days after the commencement of the next session.

If either house of Parliament passes a resolution at any time within fifteen sitting days after such regulations have been laid before such house disallowing any regulation, such regulation shall thereupon cease to have effect.

PENALTIES.

25. Penalties under this act may be imposed by and recovered before the court or a stipendiary or police magistrate or any two justices in petty sessions.

NEW ZEALAND.

WAR LEGISLATION AMENDMENT ACT, 1916, PART I.

RESTRICTION ON INCREASE OF RENT.

2. (1) Where the rent of a dwelling house to which this part of this act applies has been since the commencement of the present war, or is hereafter during the continuance of this part of this act, increased above the standard rent as hereinafter defined, the amount by which the rent payable exceeds the amount which would have been payable had the increase not been made shall,

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notwithstanding any agreement to the contrary, be irrecoverable: Provided,

That

(a) This part of this act shall not apply to any rent which accrued due before the passing of this act; and

(b) Where the landlord has since the commencement of the present war incurred, or during the continuance of this part of this act incurs, expenditure on the improvement or structural alteration of a dwelling house (not including expenditure on decoration or repairs), an increase of rent at a rate not exceeding eight per centum per annum on the amount so expended shall not be deemed to be an increase for the purposes of this part of this act.

(2) Any transfer to a tenant of any burden or liability previously borne by the landlord shall for the purposes of this part of this act be treated as an alteration of rent; and where, as the result of such a transfer, the terms on which a dwelling house is held are on the whole less favorable to the tenant than the previous terms, the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased; and any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as the result of such transfer, the terms on which a dwelling house is held are on the whole not less favorable to the tenant than the previous terms shall be deemed not to be an increase of rent for the purposes of this part of this act. If any question arises under this subsection, it shall be determined by a stipendiary magistrate, whose decision shall be final and conclusive

(3) Where the landlord pays the rates chargeable on the occupier of any dwelling house, an increase of the rent of the dwelling house shall not be deemed to be an increase for the purposes of this part of this act if the amount of the increase does not exceed any increase in the amount for the time being payable by the landlord in respect of such rates over the corresponding amount paid in respect of the yearly, half yearly, or other period which included the third day of August, nineteen hundred and fourteen.

NOTICE OF INTENTION TO INCREASE RENT.

3. (1) Wherever an increase of rent is by this part of this act permitted, no such increase shall be due or recoverable until the expiry of twenty-eight days after the landlord has served upon the tenant a notice in writing of his intention to increase the rent, accompanied--

(a) Where the increase of rent is on account of such expenditure as is mentioned in paragraph (b) of subsection one of section two hereof, by a statement of the improvements or alterations effected and of their cost; and

(b) Where the increase of rent is on account of an increase in rates, by a statement showing particulars of the increased amount charged in respect of rates on the dwelling house.

(2) Where a notice under paragraph (a) or paragraph (b) of the last preceding subsection has been served on any tenant, the increase may be continued without service of any fresh notice on any subsequent tenant.

NO FINE OR PREMIUM TO BE CHARGEABLE IN RESPECT OF RENEWAL OF TENANCY.

4. A person shall not in consideration of the grant, renewal, or continuance of a tenancy of any dwelling house to which this part of this act applies require the payment of any fine, premium, or other like sum in addition to the rent, and where any such payment is made in respect of any such dwelling house after the passing of this act, then the amount shall be recoverable by the tenant by whom it was made from the landlord, and may without prejudice to any other method of recovery be deducted from any rent payable by him to the landlord, but this provision shall not apply to any payment under an agreement entered into before the fourth day of August, nineteen hundred and fourteen. MODIFICATION OF LAW AS TO ORDERS FOR RECOVERY OF POSSESSION OF DWELLINGS.

5. (1) No order for the recovery of possession of a dwelling house to which this part of this act applies, or for the ejectment of a tenant therefrom, shall be made so long as the tenant continues to pay rent at the agreed rate as modified by this part of this act and performs the other conditions of the tenancy, except on the ground that the tenant has failed to take reasonable care of the premises, or has committed waste, or has been guilty of conduct

which is a nuisance or an annoyance to adjoining or neighboring occupiers, or that the premises are reasonably required by the landlord for the occupation of himself or of some person in his employ, or that an agreement for the sale of the premises has been duly entered into, to be completed by transfer within one month from the date thereof, and that the premises are required by the purchaser for the occupation of himself or some other person in his employ, or on some other ground which may be deemed satisfactory by the court making such order.

(2) Where an order for the recovery of possession of a dwelling house has been made but not executed before the passing of this act, the court by which the order was made may, if it is of opinion that the order would not have been made if this act had been in operation at the date of the making of the order, rescind or vary the order in such manner as the court may think fit for the purpose of giving effect to this part of this act.

INTERPRETATION.

6. For the purposes of this part of this act, except where the context otherwise requires

(a) The expression standard rent means the rent at which the dwelling house was let on the third day of August, nineteen hundred and fourteen, or where the dwelling house was not let on that date the rent at which it was last let before that date, or in the case of a dwelling house which was first let after the said third day of August, the rent at which it was first let, or means at the option of the tenant only the lowest rent at which the dwelling house was let at any time between the third day of August, nineteen hundred and fourteen, and the thirty-first day of December, nineteen hundred and fifteen : Provided, That if the standard rent as herein defined, computed for a period of one year, is in any case less than eight per centum of the capital value of the dwelling house the standard rent computed for the same period shall in lieu of the standard rent as so defined be deemed to be an amount equal to eight per centum of such capital value.

(b) The expressions "landlord" and "tenant" include any person from time to time deriving title under the original landlord or tenant.

HOW CAPITAL VALUE TO BE ASCERTAINED,

7. (1) The capital value of any dwelling house for the purposes of this part of this act shall be such value as may be agreed on between the landlord and the tenant, and, in default of agreement, shall be the capital value as determined by a stipendiary magistrate for the purposes of this part of this act, on application in that behalf either by the landlord or by the tenant. (2) For the purpose of ascertaining the capital value of any dwelling house for the purposes of this part of this act the magistrate may hear such evidence as he thinks fit, or may, if he thinks fit, accept a valuation made for the purposes of this part of this act by any accredited valuer approved for the purpose by the minister of labor.

(3) The costs of any inquiry under this section shall be borne either by the landlord or by the tenant, as the magistrate may direct, or may be apportioned between them in such manner as the magistrate may direct.

APPLICATION OF PROVISIONS OF THIS PART OF ACT.

8. (1) This part of this act shall apply to a house, or to any part of a house, let as a separate dwelling where such letting does not include any land other than the site of the dwelling house and a garden or other premises in connection therewith, and where the annual amount of the standard rent of the house or part of the house does not exceed one hundred and four pounds per annum, and every such house or part of a house shall be deemed to be a dwelling house to which this part of this act applies: Provided, That this part of this act shall not apply to a dwelling house let at a rent which includes payments in respect of board, attendance, or use of furniture.

(2) Where this part of this act has become applicable to any dwelling house it shall continue to apply thereto whether or not the dwelling house continues to be a dwelling house to which it would but for the provisions of this subsection apply.

LIMITATION OF RIGHT TO DISTRAIN FOR RENT.

9. No person shall be entitled to distrain for any rent which is declared by section two of this act to be irrecoverable.

DURATION OF THIS PART OF ACT.

10. (1) This part of this act shall remain in force during the continuance of the present war with Germany and for six months thereafter, and shall thereupon be deemed to be repealed.

(2) The expiration of this part of this act shall not render recoverable any rent which during the continuance thereof was irrecoverable, or affect the right of a tenant to recover any sum which during the continuance thereof was under this part of this act recoverable by him.

Mr. HERBERT J. BROWNE. May I ask if you have 5 and 6, George V, Increase of Rent and Mortgage Interest Act of 1915?

Senator POMERENE. Yes; 5 and 6, George V, chapter 97. Now, Mr. Browne, we will hear you.

STATEMENT OF MR. HERBERT J. BROWNE.

Senator POMERENE. Will you state your name?
Mr. BROWNE. Herbert J. Browne,

Senator POMERENE. What is your business?

I

Mr. BROWNE. I have been for many years a newspaper man. retired from active newspaper work in 1901. Since then I have been engaged largely in public service. I do not mean by that, in public employment. I have been so fortunately fixed that I could devote perhaps one-half of all my time to the investigation of and work on public questions, principally taxation and assessments in the District of Columbia.

Senator POMERENE. Have you been identified with any special organization?

Mr. BROWNE. I have been identified with the House District Committee in the preparation of material for what is known as the George report. I also appeared before the joint committee, known as the Fiscal Committee of the House and Senate, on the half-and-half question of taxation in the District of Columbia. In the first instance, I was an employee of the District of Columbia Committee of the House, and in the second case I appeared as a private citizen. Senator POMERENE. Where are you living now?

Mr. BROWNE. I am living here in Washington. I have an office the Southern Building.

Senator POMERENE. You may proceed with your statement.

Mr. BROWNE. I will very briefly refer to notes, as I wish to make a somewhat consecutive statement.

It is quite evident to everyone that Washington is facing a very serious condition as to housing the Government employees, affecting also everyone who rents in the District of Columbia, or who even comes here temporarily. It is a singular situation that in the capital of the country, in a District laid out for governmental purposes, with the exception of the President of the United States and a few Army and Navy officers, who live in quarters, everyone, from the Supreme Court, the Senate, and the House down to the most humble employee, has to first make terms with a landlord in the District of Columbia before he can serve the Government. In this serious