The Washington times., 1919-09-18
LAW
LACKS TEETH.
LAWYER SAYS
Charges Ball Measure Affords
No Protection to Business
Tenants in Capital.

Claims that the Ball rent law does
not AFFORD adequate protection TO busi-
ness tenants and does not contain
enough teeth" to AFFORD ample protec,
ton to the average tenant Of dwell
ings, are made by webster BaIlinger
q washington attorney, who suggests
a number Of amendments to the rent
law for Washington which Congress
is now considering.
The protection Afforded by the
Salisbury law TO the lessee Of a store
or office or building is withdrawn
under the Ball bill. Mr.. BaIlinEer
points out, as the term rental prop
erty" 10 defined in the bill as rented
OF hired for dwelling purposes" In
order to protect the merchant, he sug-
Eests that the bill be amended 90 as
to include all business properties as
well as dwellings, as covered under
the Salisbury law.
Another objection to the proposed
law Is the term "true value" which IL
defined as meaning 'the actual market
value Of the property at the time in
question"
Need Expert TesttmOny.
"To ascertain the market value
would require expert testimony" says
Mr.. Ballinger, "and no two disinter-
ested witnesses would probably agree
upon the market value. It would con-
sumo time and useless expense. This
should not be left wide open as Il Is,
but should be made certain and defi-
mite. The value placed on the prop
erty by the Assessors office and
upon which the owner pays taxes
should be the standard fixed by law.
That Is certain and definite. and no
owner should expect to pay taxes upon
one valuation and exact rents on an
other, different and higher valuation"
He declared the bill as II now
stands fixes no basis for the guidance
Of the rent commission in detsrmin-
ing what is a "fair and reasonable
rent or charge. The owner Of prop
eFty should be entitled TO only q fair
and reasonable return on the value
upon which he pays taxes, plus the
actual cost OF maintenance" he said.
Opposes Other PPovisI0ns.
Mr.. BaIlinger also objects to the
provision Of the bill which aRthorizes
the rent commission to hx rental
charge TO be paid subsequent to the
fling Of the complaint While evil
IDENTIFY intending to deal with excess
eANG IGuN1Ab RElOE 10 the ming OF Lu6
complaint, he said, the provision Is
defective and will not accomplish the
purposes for which IL is intended.
'The great majority OF the leases
in the District of Columbia become
operative on September l or October
Of each year" he said. They are
usually signed 80 days or more be-
fore they become operative. There
fore all OF the leases that became
operative September 1 and the great
majority Of those that will become
operative October 1, 1919. were
executed prior to September IS, 1919.
The provision limits the law to
leases entered into on and after Sep
tember Is, 1919. I, therefore. suggest
that the word and figures September
15,' as they appear in both places
be stricken out, and the word and
figure July L be inserted in lieu
thereof.
Congress possesses the power to
make the law retroactive so as to-
reach leases made on and after Sep
tember IS. 1919, it certainly possesses
the power to make IL apply to-
leases made on and after July /,
1919. By so doing 1t will bring the
leases operative at the comence-
ment Of the present rental year
within its provisions"