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Judge Allen Desmond of Middlesex Superior Court yesterday dismissed a request by the Cambridge Property Owners Association for a temporary restraining order on rent control pending their suit to test the law's constitutionality.
James D. St. Clair, attorney for the property owners association, argued for the restraining order on the grounds that the exemption for owner-occupied housing is unreasonable, that the "fair net income" clause is undefined and unenforceable, and that the law cannot be put into effect yet because no rent control administrator has been appointed.
City solicitor Philip M. Cronin '53 presented the city's case saying that the law is constitutional and that it can be put into effect under a temporary administrator.
Interim Administrator
Cronin was appointed interim rent control administrator earlier this week by city manager John H. Corcoran to serve until a permanent administrator is chosen.
Cronin said yesterday that money has just been appropriated for the rent control administration and that work will begin this week to coordinate a staff.
He warned, however, that it may be some time before the city is ready to put the law into operation. Until such time as a permanent administrator is appointed, Cronin will advise tenants to pay their rents at the present level.
Under the rent control law, passed Sept. 15, rents were to have been rolled back to April levels as of Oct. 15. Some tenants feel that Cronin's advice is "overly conservative" and intend to pay November rents at April levels whether or not a rent control administrator has been chosen by then.
A committee of tenants, landlords, and others appointed by Mayor Alfred E. Vellucci is working to select candidates for the administrator post. They expect to have a suggestion ready by Thursday.
Final selection of the rent administrator is up to city manager Corcoran. Cronin estimated that an administrator may not be appointed until December.
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