HERZKA, J.
Charles Zigman for plaintiff. Max M. Bernstein for defendant. HERZKA, J. This action was commenced in November of 1950 to recover an overcharge of rent for the months of February, March and April of that year. In order to obtain an increase in the maximum rent it would be necessary to obtain from the Administrator or the Housing Expediter, as the case might be, an order based upon a substantial increase in furniture, furnishings or other essential services. (2303 First Ave. Realty Corp. v. Balenter, 106 N. Y. S. 2d 785; Goldman v. Weiss, N. Y. L. J., March 14, 1952, p. 1042, col. 5.) Section 21 of the State Rent and Eviction Regulations, which were amended in February of this year, merely clarified the existing regulations and conformed with the practice and decisions of the courts. This court, therefore, finds that the plaintiff is entitled to judgment in the sum of $105 representing an overcharge for the months of February, March and April of 1950. In its discretion, and in view of the testimony offered by the landlord, the court is limiting the damages to single damages. The tenant is also entitled to a return of $29 representing the difference between the amount on deposit as security and the allowable maximum rent. (State Rent and Eviction Regulations, § 65.) In addition counsel fee is fixed at $35. Therefore, I find judgment in favor of the plaintiff against the landlord for the sum of $169. When payment of the judgment is made the security will then be reduced to $46 and I order and adjudge that said plaintiff have judgment accordingly.