Federal Housing Administration v. Darlington, Inc.

Mr. Justice Harlan, whom Mr. Justice Frankfurter and Mr. Justice Whittaker join, dissenting.

The question in this case is whether appellee Darlington is entitled to rent to transients (that is, so far as this case *94is concerned, for periods of less than 30 days) a small number of apartments in its building, which is covered by a mortgage insured by the FHA. Darlington’s FHA mortgage was consummated and insured in December 1949. At that time neither the controlling statute, § 608 of the National Housing Act, 56 Stat. 303, as amended, 12 U. S. C. § 1743, nor the regulations issued thereunder, 24…