Oireachtas Joint and Select Committees

Tuesday, 10 May 2016

Committee on Housing and Homelessness

Master of the High Court

10:30 am

Mr. Edmund Honohan:

American case law in this area is very keen on the idea of a temporary abrogation:

Housing is a necessary of life. All the elements of a public interest justifying some degree of public control are present.

I have already cited this particular case - Block v. Hirsch - and I can tell the Deputy a long story about it another time. It continues:

Machinery is provided to secure to the landlord a reasonable rent. It may be assumed that the interpretation of "reasonable" will deprive him in part at least of the power of profiting by the sudden influx of people to Washington caused by the needs of Government and the war, and, thus, of a right usually incident to fortunately situated property.

That was approved. The bottom line is that social requirements, social demands and the common good override the right to property.

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