The evening world. [volume] (New York, N.Y.) 1887-1931, 1920-09-22
WOULDPUT
BURDEN OF PROOF
ON THELANDLORD
United in Approval of Cover
nor'S Plan to Check
Rent Gouging.

'AfRtN NA VI wv oAhith y NfNNiNNAtn@
dalton that the burden OF proving the
Justice OF rent increases should be put
entirely upon the landlord: they we're
divided M 10 tho wisdom OF his
recommendation that summary dis
possess proceedings be suspended.
Every one agreed something must
be done to avert the crisis OF oct. 1.
when disposscss warrants In New
York are expected to aggregate, more
than 100000
Presidents Justice Aaron J. Levy
said: Il think the Governor IL alb
solutely right when he recommends
that the burden OF proof be put upon
he landlord The 25 per cent clause
caused much confusion and misun-
derstandlng. Many tenants never
understood II and therefore were not
aware OF their rights. Let the land
lord prove he Ia justified, II he wants
a 1 per cent. raise or a 100 per cent.
raise. The tenant viii have a right
10 refuse payment until the landlord
las proven 70 the abstraction OF tnr
court that his demands are justified.
And It's a very coed idea too--lt sim
ilifies matters.
.Tn tho matter Of dlspossess. do
not favor doing away with that pro-
ceeding altogether. because II would
lend TO hinder the building OF houses
and more houses. after nll. is thr
cure for this bad situation. Some
lime ago The Evening World advo-
Gated a plan whereby a preliminary
Investigation should be held In each
dispossoss case: and II II has merit
permit Il 10 come into court: n Il has
not, throw II out am In favor OF
this"
Justice Harry RobItzek said; &c
the landlord prove the justice OF an,
increase he asks. II Is right that NJ
should, because he has the figures.
nder the present law the tenant n
required TO prove the injustice OF any
raise under % per cent but how
is he going to get the figures 10 do ~
Gov Smiths suggestion remedies
this.
I'm dlspossess cases still maintain
the courts should have the power to
grant throe-year stays. n tho new
law would comprise this feature
think the courts would have ndequn te
power 10 deal with landlords who seek
to use tho dispossess TO get more
rent"
Justice George L. GenunE said
Putting the burden OF proof on the
landlord Ia a good idea. II 10 a wise
move, When a landlord asks for a
raise tho tenant can say 10 him,
Show me- and the landlord will have
10 do so.
Il am not well enough acquainted
with the Governors recommendations
on dispossess proceedinga 20 express
an opinion, but you may say am
always 'or securing Justice for the
tenant"
Justice Adam Chr!stman said: 81
think both the Governors recon-
mendations are excellent. and are a
remedy for the crisis which would
otherwise await US on Oct. 4. A dis
possess proceeding should be allowed
90 stand for these causes only:
Proven unausirubilty OF the tenant,
because tho landlord wishes 10 occupy
the premises himself. AMI for non
payment OF rent rs a wise plan 20
put the proof OF rent races entirely
upon the landlord. There Wlll be less
BouR.ng.'
Justice John fIctherington said: Il
lndorse both Suggestions of the Gov
cruOr IL hts Always been nay bcitef
that the landlord should prove the
justice OF every raise. DlspDHsess pro-
ceodlngs have been greatly abused
and ! am glad he has taken stops 20
modify them or suspend thCm In GER
tain cascs, Landlords use them
merely 10 get higher rentals from
present or future tenants, and 10 Is
right that this misuse OF the law
should be stopped"
Justice Abrum Ellonb, said:
Let the landlord prove tuo Justice
OF every demand for moro money.
The tenant can refuse % pay whore
the landlord cannot convince IN,
Court that he needs the money /
believe the dlsposscsH proceeding
should not be- allowed 90 stand where
Il is, being used merely as "a hammer
o. get more rent from "a tenant"
Justice william j A Caffury said:
THE Governor has shown great wis
dom Ia hls recommendation Some
thing stringent and 10 the point h
needed The present laws are far to-
loose and have failed miserably / ain
for doing away with summary pro-
Cecdings except for non payment OF
rent. undcslrabillty and where the
landlogd Wishes 90 occupy the prop
erty himself And let the landlord
prove iu every case the Justice OF his
demands Tor more money"
Justice Edgar j. Lauer said: Gov
ernor Smith 10 right In HIS recon
mcndattons that the abuse OF sum
mary proceedings be stopped The
Court should be allowed 20 decide
when they are being used 20 get more
rent. agree the landlord should be-
made TO prove the Justice Of his de-
mands for more rental In every in
stance"
Justice Frederick Spiegelberg saldl
81 predict the passage OF a law which
viii O'uway with summary proceed
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