Opinion
Gen. No. 9,527.
Opinion filed February 24, 1947. Released for publication March 24, 1947.
1. LANDLORD AND TENANT, § 321.1 — courts as not authorized to review good faith of plaintiff in eviction proceedings under O.P.A. In action by lessee to evict sublessee brought after Office of Price Administration had issued certificate to plaintiff authorizing him to evict defendant, neither circuit court nor Appellate Court had any authority to review issue of plaintiff's good faith which was settled in administrative hearing before certificate was issued by Office of Price Administration.
See Callaghan's Illinois Digest, same topic and section number.
2. LANDLORD AND TENANT, § 321.1fn_ — authority of local rent director to issue eviction certificate as not reviewable by courts. In action by lessee to evict sublessee brought upon defendant's failure to vacate after issuance of eviction certificate to plaintiff by Office of Price Administration, neither circuit court nor Appellate Court had power to determine authority of local rent director to issue certificate upon application of lessee against sublessee, since sections 203 and 204 of Emergency Price Control Act provided that validity of any such order should be determined by Emergency Court of Appeals and such procedure was held constitutional (50 USCA App. § 923-924).
Appeal by defendant from the Circuit Court of Sangamon county; the Hon. LAWRENCE E. STONE, Judge, presiding. Heard in this court at the February term, 1947. Judgment affirmed. Opinion filed February 24, 1947. Released for publication March 24, 1947.
EDWARD PREE and HAROLD O. WERNER, all of Springfield, for appellant.
BARBER BARBER, of Springfield, for appellee.
Plaintiff Edward P. Greig is the lessee of a building in Springfield, Illinois, part of which was subleased to defendant Margaret Ritchie, on a month-to-month basis. On January 22, 1946, the office of price administration issued a certificate to Greig authorizing him to evict defendant. A 30-day notice was served and after expiration thereof, suit in forcible entry and detainer was started before a justice of the peace. An adverse decision there was appealed by plaintiff to the circuit court of Sangamon county. Plaintiff filed a motion for summary judgment with affidavit attached, to which defendant filed a verified answer. The circuit court rendered summary judgment for plaintiff.
Defendant contends that two issues of fact were raised by its answer: first, that plaintiff did not act in good faith in obtaining the certificate of eviction; and second, that the O.P.A. did not have jurisdiction to issue a certificate of eviction to a lessee, authorizing the eviction of a sublessee. Defendant therefore contends that the case should have been submitted by the court to a jury.
We do not believe that the circuit court had the power to examine the issue of plaintiff's good faith. That issue was settled in the administrative hearing before the certificate was issued by the O.P.A. and neither the circuit court nor this court has any authority to review it. Bochner v. Rosen, 326 Ill. App. 382; Kubiszewski v. Lynch, 326 Ill. App. 596. We also hold that neither the circuit court nor this court has the power to determine the authority of the local rent director to issue a certificate upon application of a lessee against a sublessee. Sections 203, 204 of the Emergency Price Control Act (50 USCA App. § 923-924) provide that the validity of any such order shall be determined by the Emergency Court of Appeals, and this procedure has been held constitutional. Bowles v. Willingham, 321 U.S. 503; Yakus v. United States, 321 U.S. 414.
The judgment of the circuit court of Sangamon county is therefore affirmed.
Judgment affirmed.