Heirs of Bernat v. Peñagarícano
Heirs of Bernat v. Peñagarícano
Opinion of the Court
delivered the opinion of the Court.
On July 30, 1959, the Economic Stabilization Administrator issued an order fixing a monthly rent of $340.70 for the second floor of house No. 150, Eugenio María de Hostos Street, of Areeibo, which floor was devoted to hotel business. In view of the existing deterioration, the rent was reduced temporarily to $299 until the deterioration was corrected^ and thereafter the rent would be $340.70. This determination of the Administrator was confirmed by the Areeibo Part of the Superior Court — § 7 of Act No. 464 of 1946 (Sess'. Laws, p. 1326, 17 L.P.ft.A. § 187 (1961 Cum. Supp.)) — and the matter is now before this Court on review.
The present landlady acquired the property in 1944, while it was occupied by the tenant. On February 12, 1959, the landlady applied to the Administrator for an increase in rent, alleging that the previous basic rent of $125 was due to the existing friendship between her and her family and the tenant and her family, to her determination and that of her husband not to increase the rent to the tenant as long as the latter was educating her children, and to the gratitude which they owed the tenant and her husband for having helped her with the purchase of the house in 1944. She alleged that the situation at present had changed because the tenant had become rich and prospered, being the owner of another hotel business facing the principal square of Arecibo. After the usual proceedings and hearings at which the parties were heard, the Administrator issued the order to which we have referred increasing the rent to $340.70, which was forthwith reduced to $299 until the deterioration was corrected.
The Administrator fixed the rent at $340.70 as follows: he took into consideration the rents paid for ten business premises situated on De Diego Street of Arecibo, having areas which fluctuated between 1,138 and 2,710 square feet. This computation resulted in a rent of $957 for 18,291 square feet of premises, or a coefficient of .0523 per square feet. Since the premises involved in this case had 6,514 square
In his findings of fact the Administrator stated:
“From an examination of the documents filed in the entire record, the Administration is of the opinion that peculiar reasons must have undoubtedly existed for renting this property originally for $125, particularly if we take into consideration that the property has the following facilities: 23 bedrooms for two persons each — 4 bathrooms — 4 toilets — 3 waiting rooms— 3 dining rooms — 1 laundry terrace — 1 kitchen — 2 stairways with entrance and exit on two streets — several halls joining the different dependencies — continuous balcony around the building.
“The property is situated in the most central part of Are-cibo, namely, facing the police headquarters, at some 100 feet from the recreation park, in the heart of the business district, very near the lawful recreation centers, near the courts of justice, at a short distance from the city hall, near the banks Crédito y Ahorro Ponceño and National City, as well as the Banco de Ponce. The lot on which the property is erected is assessed for tax purposes at $23,720. The structure for tax purposes is assessed at $21,610, making a taxable total of the entire property of $45,330. The annual tax is $1,137.78. According to the landlady’s contention, the property is worth over $50,000 irrespective of its state of deterioration. According to another contention of the landlady, other expenses are incurred in the property because of the purposes to which the tenant devotes it, namely, the operation of a hotel business.”
Further on:
“The 'peculiar circumstances which justified the fixing of a rent of $125 have already disappeared, and it would not be fair to maintain such a small rent for a property as that above described.”
“From a comparative study made by the Administration there appears a significant discrepancy between the rent for similar premises and the freeze rent. The Administration should not be too strict as respects the confirmation of the so-called special relations. We should find the best demonstration of its existence in the difference between both rents.” (Italics ours.)
In his brief before this Court the Administrator stated his position at law as follows:
“As a general rule, this Administration is most careful in changing its freeze rents, but in this case we believe that we serve better the interests of justice by acting as we did. The property in question has the following facilities: 23 bedrooms for two persons each — 4 bathrooms — 4 toilets — 3 waiting rooms —3 dining rooms — 1 laundry terrace — 1 kitchen — 2 stairways with entrance and exit on two streets — several halls connecting the different dependencies — continuous balcony around the building — the property is situated in a central place of Arecibo, about 100 feet from the recreation park, in the heart of the business district, very near the lawful recreation centers, the courts of justice and several banks, and is assessed for tax purposes at $48,000.
“As it appears from the record, it was logical to infer that some peculiar circumstance must have existed for such a low freeze rent to prevail.” (Italics ours.)
He made it clear that although the landlady had alleged kinship, the reason was the existence of peculiar circumstances.
Section 6 of the Reasonable Rents Act — 17 L.P.R.A. § 186 (1961 Cum. Supp.) — prohibits the collection of any rent higher than that paid on October 1, 1942, except as therein provided. The Administrator was authorized to fix a reasonable rent decreeing increases or reductions in the prevailing rent, and it was provided, among other things,
We have said and repeated that the courts shall not set aside or alter the findings of fact of the Economic Stabilization Administrator if there is a rational basis in the record therefor. Ledesma, Administrator v. District Court, 73 P.R.R. 379; Adm’r of Econ. Stab. v. Superior Court, 75 P.R.R. 419; Mejías v. District Court, 79 P.R.R. 299; García v. Superior Court, 82 P.R.R. 651.
However, there is nothing in the record of this case to show that the $125 rent which was being paid on October 1, 1942, and which by operation of the law was fixed as the legally permissible rent until such time as it was changed or substituted by the Administrator for the reasons provided by the Act, was due to the existing kinship or other personal or special relations between the owner and the tenant; or that it was due to the existence of peculiar circumstances which rendered such rent substantially lower than the rent paid on that date for similar dwellings or buildings. As a matter of fact, the Administrator did not establish with facts the existence of such special relations or peculiar circumstances, and neither could he do so because there was no basis in the record.
Once such fact was established, he could then under the law infer that the lower rent was due to these special relations or peculiar circumstances and proceed to increase it. Whenever it is necessary to change a situation of law created by the law itself, it is necessary to establish the existence of the special situation conclusively and not by inference or deduction of the fact itself that a rent appears to be lower.
Apart from the considerations of law governing the decision of the case, this appeal presents another aspect to which we can not be altogether indifferent. The problem actually confronting the Administrator and which he will possibly have to confront more and more has other aspects. The position taken by him and his desire and effort to be fair
However, the Administrator has not available in the law he administers the means of making adjustments and exceptions in situations such as these which were available to the federal Administrator under the housing legislation of the Congress. The Emergency Price Control Act of 1942 provided in its § 2(c), 56 Stat. 26, 50 U.S.C.A. App., § 902 (c), that any regulation or order of the Administrator could be established in such form and manner, may contain sucii classifications and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the Administrator are necessary or proper in order to effectuate the purposes of the Act.
As stated by Mr. Justice McAllister in Kuskin & Rotberg v. Porter, Price Administrator, 153 F.2d 1016 (U.S.E.C.A.), thereafter Congress felt that many unusual circumstances, which needed remedy, were being overlooked by the Administrator, and to ameliorate such conditions it added, in the Stabilization Act of 1944, 58 Stat. 634, a mandatory provision to § 2 (c) of the Act of 1942 to the effect that the Administrator under regulations shall provide for the making of individual adjustments in those classes of cases where the rents, on the maximum rent date, were substantially higher or lower than the rents generally prevailing for comparable housing accommodations...Cf. In re Jamestown Defense Rental Area, 171 F.2d 708 (U.S.E.C.A.).
As may be readily seen, our Act has not created a sphere of action in which the Administrator may act of his own initiative and with flexibility in the adjustment of rents in order to prevent inequities in individual cases, in the light of the facts and unusual circumstances. Every adjustment of a basic rent — the rent being paid on October 1, 1942 — must be based on a reason established beforehand in the Act.
It is unquestionable, at least as respects business premises, that a substantial change of economic values, yield from business, and of costs, has taken place between the situation existing in 1942 and the present situation which justifies a re-examination of the control indexes. But until such time as the Legislative Assembly reviews the standards established
We are deciding that there is no basis in the record to uphold the Administrator’s conclusion that the $125 rent which prevailed on October 1, 1942 was affected by peculiar circumstances. We are not deciding that such factual circumstances did not actually exist.
The judgment appealed from sustaining the action of the Administrator fixing a maximum rent of $340.70 is reversed, and the Arecibo Part of the Superior Court is ordered to remand the matter to the Administrator for further proceedings consistent with the statements herein.
The tenant objected to the fact that these comparable premises were situated on a street of greater commercial importance than De Hostos Street. Except with respect to the areas, the record does not disclose what class of premises they were, the type of construction, or the cost of constructing them, their advantages of operation, the businesses to which they wei-e devoted, and other indexes of similarity proper for comparison. In order to decide this case it is not necessary to consider that aspect, and we will therefore assume, without deciding, that the method employed in fixing the amount of the rent was correct.
The landlady did not in fact fix this rent originally, for she became the owner of the property in 1944, subsequent to the date the $125 rent was frozen by law. She insisted on her testimony that, in view of the considerations mentioned respecting the tenant and her family, the rent had not been increased. The landlady appeared at the hearing without legal assistance, and there is no question that she erroneously believed that she was free to increase the rent to the tenant and that she did not
Case-law data current through December 31, 2025. Source: CourtListener bulk data.