District Court Refuses Injunction Meant to Block Rent Adjustments
A group of lawyers and Harvard law students headed by Charles R. Nesson, professor of Law, yesterday failed to obtain an injunction against Cambridge Rent Control Administrator William J. Corkery.
The group is seeking a temporary injunction-pending the May 28 hearing of its case-to stop Corkery from granting any further rent adjustments.
Nesson's suit will challenge Corkery's rent adjustment standard as "unauthorized and inconsistent with the Rent Control Act."
District Court Judge Lawrence F. Feloney denied the request saying that his court "does not have the equitable power to issue such an injunction."
Although Feloney denied the injunction request he did recommend to Corkery-who represented the city at the hearing-that there be no evictions before the trial and that tenants be allowed to pay rent increases granted under the questioned adjustment procedures into an escrow account.
Such a procedure would allow tenants who disagree with the rent increases to pay the monthly amount of the increase into a collective fund to be held pending the outcome of the trial.
Corkery maintained that tenants should go on paying the increases. "There are about 2000 or 3000 people paying adjusted rents. If they all stop their payments it might mean the end of rent control," he said.
Nesson and his group will try again tomorrow to gain a temporary injunction to stop the granting of increases when they take the case to Superior Court.
Whether or not the injunction is granted tomorrow, lawyers in the case will begin preparing for the May 28 hearing to determine the legality of the increase procedures.