Aponte v. District Court of San Juan
Aponte v. District Court of San Juan
Opinion of the Court
delivered the opinion of the Court.
The only question involved in the present proceeding, instituted pursuant to § 7 of “The Reasonable Rents Act” (Act No. 464 of April 25, 1946, Sess. Laws, p. 1326), is the following: Is the Rent Administrator of Puerto Rico empowered by the provisions of the Reasonable Rents Act to grant an increase of the rental stipulated by the parties in a lease contract for a fixed term, said contract being still in force at the time the increase in the rental is requested by the lessor?
These are the facts: Angel M. Villamil and Francisco A. Crescioni acquired, on September 29, 1945, by purchase from Manuel Pérez Blanco, a two-story house and a warehouse devoted exclusively to commercial offices. At the time of
“1. One-half of the first floor to Warner Bros., First National South Films, Inc., for $100 monthly, under a contract of April 1, 1936, for the term of 10 years, with an option to extend for 5 years which the lessee exercised.
2. The other half of the first floor to Rafael G. Marti, for $85 monthly, as per deed of April 21, 1936, for a term of 10 years, with an option to extend for 5 years which the lessee opportunely exercised.
3. The second floor of the building is leased to the United States Selective Service, without a fixed term, for $200 monthly, as per contract of July 1, 1945.
4. The warehouse to A. Alvarez Hnos., for a monthly rent of $200, as per deed of August 1937, for term of 10 years, with an option to renew for 5 years, which it now enjoys.”
On November 22, 1946, the lessors Villamil and Creseioni filed with the Administrator, petitioner herein, a petition for the increase of the basic rent, in which they requested that an order be issued authorizing an increase of 50 per cent of the maximum rent on October 1, 1942, in the case of the four commercial premises “in accordance with the provisions of the Reasonable Rents Act and subdivisions (4), (5), and (6) of paragraph a of Article 5 of the Rent Regulation for commercial premises.” On November 27, 1946, the Administrator issued an order denying the petition, and on December 9, 1946, he refused to reconsider that order.
Peeling aggrieved by the decision of the Administrator, the lessors applied to the district court, seeking to have the latter review and set aside the order issued by the Administrator. On May 28, 1947, the district court rendered a decision vacating the order issued by the Administrator as to the tenants Warner Bros. Inc., Rafael G. Martí, and A. Alvarez Hnos., and holding that the Administrator has power to decree the increase if the circumstances so warrant, notwithstanding the existence of a contract for a fixed term in which a uniform rental has been stipulated until the term
We now turn to consider and decide the fundamental question thus submitted to us.
The lessors maintain (a) that the second paragraph of § 6 of the Seasonable Bents Act
The first things that we should consider are the fundamental purpose of the Reasonable Rents Act, the historical background which gave rise to its enactment by the Legislature, and the evil which that statute sought to prevent or remedy.
At the beginning of the Reasonable Rents Act we find in § 1 thereof an extensive and clear statement of the reasons which the lawmaker had for enacting said statute, and of the evil conditions which were sought to he corrected by applying its provisions. “The speculation in the renting of lodgings, lots, houses, and buildings on the basis of unfair, unreasonable, and oppressive rents; and other economic and social factors aggravate the housing problem to the extent of creating a condition of emergency that affects the welfare, the health, the safety, and the lives of hundreds of thousands of women, men, and children throughout the rural districts
"To insure adequate protection for the people of Puerto Rico with respect to this serious housing problem, there is lacking, however, proper legislation in regard to rents, to prevent speculation on the part of landlords, to guarantee reasonable rents, and conveniently to protect the right of tenants.” (Italics ours.)
We fail to find, either in the statement of motives or in the body of The Reasonable Rents Act, a single word or phrase showing any concern on the part of the Legislature for the owners of residential or commercial premises who were bound by contract to lease those premises for a term of years and for a lower rent than that prevailing for similar premises on the date of the approval of the Act. It is evident that the Legislature was not disquieted over the fact that certain rents were low, and that it did feel concern-
The cases of Block v. Hirsh, 256 U.S. 135, and Marcus Brown Company v. Feldman, 256 U.S. 170, cited by the lessors in support of their contention that the construction which they have given to the statute is constitutional, are not applicable to the situation presented to us by the cáse at bar. In the first of said cases, Hirsh bought a building in which Block was occupying the cellar and the first floor by virtue of a lease contract entered into with the prior owner and which expired on December 31, 1919. Upon being requested
“The main point against the law is that tenants are allowed to remain in possession at the same rent that they have been paying, unless modified by the Commission established by the Act, and that thus the use of the land and the right of the owner to do what he will with his own and to make what contracts he pleases are cut down. But if the public interest be established the regulation of rates is one of the first forms in which it is asserted, and the validity of such regulation has been settled since Munn v. Illinois, 94 U. S. 113. ...
“Machinery is provided to secure to the landlord a reasonable rent. § 106. It may be assumed that the interpretation of ‘reasonable' will deprive him in part at least of the power of profiting by the sudden influx of people to Washington caused by the needs of Government and the war, and thus of a right usually incident to fortunately situated property — of a part of the value of his property as defined in International Harvester Co. v. Kentucky, 234 U. S. 222. Southern Ry. Co. v. Greene, 216 U.S. 400, 414. But while it is unjust to pursue such profits from a national misfortune with sweeping denunciations, the policy of restricting them has been embodied in taxation and is accepted. It goes little if at all farther than the restriction put upon the rights of the owner of money by the more debatable usury laws. The preference given to the tenant in possession is an almost necessary incident of the policy and is traditional in English laws. If the tenant remained subject to the landlord’s power to evict, the attempt to limit the landlord’s demands would fail.”
In the ease at bar there is not involved a tenant who is holding over after the expiration of his lease contract and
We are of the opinion that the lower court erred in entering the judgment appealed from, and that the same should be vacated and the case remanded to the lower court with directions to render a decision dismissing the petition.
‘ ‘ Section 6. — Except as hereinafter provided, on and after the effective date of this Act, rents higher than those paid on October 1, 1942, shall not be charged.
“In so far as it is not changed by the Administrator, according to the powers hereinafter conferred upon him, for the purposes of this Act, 'basic rent’ shall be understood to be the rent paid on said date, unless some agreement has been made previous to that date, fixing a higher or lower rent for any period after such date. In this case, the basic rent shall be the rent agreed upon.
‘ ‘ In the case of buildings intended for businesses or commercial or industrial purposes, the Administrator may authorize reasonable increases over the rentals prevailing October 1, 1942, according to the commercial importance of the towns and districts where such buildings are located, and to the construction cost thereof; Provided, however, That such increases shall in no case exceed fifty (50) per cent of the rental prevailing October 1, 1942.
‘ ‘ The Administrator shall have power to fix the reasonable rent in ail cases in which, in his judgment, the rent prevailing on October 1, 1942, or that which may have been fixed after said date, is excessive, unreasonable, or oppressive. He shall likewise have power to make adjustments and other rulings in eases covering improvements of capital importance, increase or reduction of furniture, equipment or accessories, increase or reduction in services and supplies, or deterioration of the dwellings or buildings leased.”
“ a. Grounds for increase of maximum rent. Any landlord may file a petition with the Administrator for the increase of the maximum rent only on one or more of the following grounds:
"(4) Peculiar Circumstances: unreasonable or oppressive rents: The maximum rent, due to a substantial increase in the number of subtenants or other occupants, or to peculiar circumstances other than those expressly stated in this Article, appears unreasonable or oppressive for the landlord and is not in keeping with the rents prevailing for similar premises on the maximum rate date.
“ (5) Increase in taxes. On the date determining the maximum rent, the premises in question were exempt from real estate taxes, the benefit of this tax exemption having been passed on to the tenant, and as a result the rent was lower than that prevailing for similar premises on the maximum rent date, and such exemption no longer exists; or there have been imposed, after such date, special or additional taxes which justify the increase of the rent.
“(6) Commercial District; Construction Costs. The importance of the commercial districts where the commercial premises are located or the construction eost thereof, if the building involved is of recent construction, justifies an increase of the maximum rent. The increases granted on the foregoing ground shall not exceed 50 per cent of the rent prevailing on October 1, 1942, or in default thereof, of the rent fixed by comparison.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.