The Rental Building

A man owned a two-unit apartment building in a large city. He earned rental income from it and treated it as business property for tax purposes. He made an unsuccessful attempt to set fire to the building and was indicted under a federal law that punishes anyone who maliciously damages or destroys, or attempts to damage or destroy, by fire or an explosive any building used in interstate commerce or in any activity affecting interstate commerce. He argued that the federal law did not reach his building: it was not commercial or business property, and so could not be the subject of the federal arson offence.