Shavit v. 364 West 18th Street Corp.

This is an action at law to recover “ overpayment of rent ” by a tenant who paid an increased rental pursuant to an order issued by the Office of Housing Expediter for the months of October and November, 1948. Thirty-five other tenants are similarly situated.

The increase order is dated September 21,1948, and is made retroactive to May 21, 1948. The question of retroactive rents is not here involved. The tenant claims that the increased rents may not be collected by the landlord because of a lease, which, by its original term expired in September, 1944, and which was in

*802effect on the “ freeze ”…