New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-18
Against Giving
Arbitrary Power
To Inspectors
r. E. Board Sees an Old
Enemy in the Form of
the Marsh Bill
Relates to Fire Escapes
Organization Says 1t Is Con-
trary to All Ideas of Liberty
to Jeopardize Owners

This is an old enemy" is the way
the committee on legislation of the
Real Estate Board charscterizes the
bin introduced by Assemblyman Marsh
amending the Greater New York char
ter by including defects in means Of
escape in case Of fire among the causes
for which the Tenement House Depart
ment may order tenement vacated.
This organization is making a vigorous
campaign against the adoption Of the
measure. Other large real estate bodies
have taken similar action.
Regarding the Marsh BILL the com
mittee on legislation Of the Real Estate
Board further says:
"The Real Estate Board last year re-
ported against the principle underly-
ing this bill. The board has also OPP
posed a somewhat similar bill this
year. This bill retains the principal
objection made TO the other, that il
provides that, in addition TO the cir
cumstances under existing law. when
ever II shall be certified by an inspector
or officer Of the department that a
house within the jurisdiction of the
Tenement House Department is dan
gerous 10 life or health by reason Of
defects in means of escape in case Of
fire, the department may vacate il.
Chapter sol Of the laws Of 1913 pro-
vides for means Of egress for every
tenement house thereafter erected. in
great detail. the provisions covering
g.. e d
of 1913, pp l476. 1477, l47s and 1870.
This act also (see subd. 3, p. l477
makes applicable these provisions 70 all
tenement houses erected prior TO the
original tenement house act Of April
10, 1901.
THE policy of the state has been. .
the original statute shows and as the
various amendments made as suggested
by experience show, 70 fix by statute
the requirements for fire escapes and
not leave il 20 be determined by the
opinion Of an inspector or any one else.
Il is contrary 70 all ideas of liberty
that the rights of a property owner
and the rights Of tenants should be
jeopardized by putting so tyrannical
power in the hands Of an inspector as
70 make a certificate that in his opinion
the means of escape in case of fire are
insufficient, notwithstanding the fact
that they comply, down 20 the slightest
detail, with the provisions Of the
statute and vacating the building in
consequence.
Opens Door to Graft
at is no answer 10 this TO say that In
such a case the inspector would not
issue certificate. He ought not TO be
tempted with the power TO do 1t. IL
opens the door to graft. II viii pro-
vide work for inspectors who now DO
not have enough 10 DO, and will per-
haps create a demand FOR more.
"If an order requiring an apartment
house 10 be vacated was served on the
tenants, il would produce the greatest
alarm and uneasiness among them, even
If they did not move out. IL might alb
solutely ruin the owner Of a tenement
house who had all Of his or her savings
invested in the property.
That such a power would be abused
has been demonstrated by a communi-
cation within the last few days made
70 the press by the Tenement House
Commissioner. 10 the effect that IN
rooming houses where there were three
or more families and the people IN
some Of the rooms cooked an egg for
breakfast and made a cup OF coffee,
unless the building complied with
every detail Of the Tenement House
law the department would order It va
Gated.
Shows How Power May Be Misused
an other words. this is a threat on
the part Of the commissioner against
the owners of all these roOming houses,
Of which there are thousands and thou
sands, occupied by poor working girls
who club together 20 maintain an
apartment for ecOnomy's sake, and cook
only their breakfast at aome, taking no
other meal there, that the apartment
will be vacated unless the owner, 70
comply with the tenement house law,
makes enormous expenditures, after
which IL would be impossible for him
70 rent the apartments at present rates.
In a large number Of cases, as the
owner could not get tenants for some
Of the old houses that are used for this
purpose at higher rates, II would mean
the ruin Of his property. This lndl-
Gates how the power Of the Tenement
House Department may be abused. and
is an argument against the proposed
measure. l. is extremely doubtful
whether the Tenement House Commits
sioner would have the right to order
vacated such roomIng apartments as
above mentioned. but his attempt TO do
90 would be disastrous in many cases
and would involve the owners IN con-
siderable litigation. as they could not
afford 10 assert their rights.
This latest pronunciamento OF the
Tenement House Commissioner shows
the unwisdom Of giving the increased
mower here requested.
To-day in Greater New Kork there
are thousands Of FIRE escapes that are
entirely adequate for the purpose for
which they were erected and which
were supposed 70 be put up in accord
ance with the law. In many Instances
there are double fire scapes that IS,
some on the front Of the building and
some at the back-but where there
could be found some inadvertent defect
which would be made the basis Of
claim that the FIRE escape was illegal
and that, therefore, It did not furnish
adequate means Of escape in case Of
fire. the property could be ordered va
Gated"
II ,.,.kH