Tenants Challenge Rent Standard

Charles R. Nesson, professor of Law-along with ten Harvard Law students and lawyers from three legal aid services in Cambridge-will begin arguing a suit in Cambridge District Court this week challenging the legality of Rent Control Administrator William J. Corkery's fair net income standard.

The lawyers are representing a group of 17 Cambridge tenants.

Under the Massachusetts Rent Control Act passed last September, Cambridge rents were to have been rolled back to March, 1970 levels. Increases above the roll back level could be granted by Corkery after a hearing showing operating cost increases, tax increases or capital improvements made by the landlord.

Increases are presently being granted under a fixed standard which determines a landlord's fair net operating income by comparing his actual costs and rents to a return equal to eight to ten per cent of the market value of the property as of March 1970.

Nesson's suit will challenge this standard as "unauthorized and inconsistent with the Rent Control Act."

Tuesday, the lawyers, will appear in Middlesex District Court to ask for a restraining order against Corkery pending a formal hearing.

The restraining order would prohibit Corkery from granting further increases under the fixed standard until a decision has been reached in the case.

Over the past few weeks, the Cambridge City Council has heard an increasing number of complaints aboutRent Control both from landlords and tenants.

Tomorrow the Council will again discuss two proposals aimed at changing the administration of the Rent Control law.

Last week, the Council voted to have City Solicitor Philip M. Cronin '53 draft an ordinance establishing a rent control advisory board to assist Corkery. Following a motion by Councillor Edward A. Crane, the Council suggested that Cronin confer with Corkery before drafting the ordinance.