The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-09
LANDLORDS LOSE
DISPOSSESS FIGHT
IN HIGHER COURT
Appellate Division, Brook
lyn, UphoIds 2-Year Pro
vision of Rent Laws.
PUBLIC SAFETY FIRST
Opinion Holds That Order
and Health Come Before
Personal Rights.
LEGISLATURE SUSTAINED
Justices jerks and Mills Con-
eur in Declaring Provisions
Of Act Valid.
PUBLIC SAFETY FIRST
LEGISLATURE SUSTAINED

ne Appellate DIVISION IN Brooklyn
erheld yesterday the constitutionality
Of the rent laws which prevent land
lord for two years from summarily dis
possessing a tenant. The court held
that the passage of the laws was
proper exercise of the police power of
the state and was justified by the
emergency existing.
The decision was rendered in the
action of the Rayland Realty Company
against William r. Pagan, as clerk
of the Sixth District Municipal Court in
Brooklyn. The landlord obtained a
Anal order last May to dispossess a
tenant at 1918 Avenue II. The warrant,
however, was stayed until October /,
1920. Three days later the company
applied to Clerk Pagan for the war
rant of dispossess. but he refused to
Issue it. as the rent laws staying dis
possess had been passed on September
az.
When the landlord sought from Jus
tice Faber peremptory writ of man
damus compelling Pagan 10 issue the
warrant it's application was denied.
The landlord thereupon took the appeal
which is now decided against him.
Presiding Justice Almet +. jerks,
writing the courts opinion. held that
The proceeding was pending at the time
the rent laws, Chapter 942 of the Laws
OF 1920. were enacted and therefore
within their purview.
Case of Overriding Necessity.
Whatever the contract rights OF the
relator or its tenant" said Justice Jerks.
they must give way to the public well
fare. And statute enacted in the
eYarCiGa IF ha 10
of overriding necessity as it once was
termed-is paramount and cannot be
affected by previous contracts between
Individuals"
Answering the contention that the
statute was unconstitutional in that It
took private property without compen-
-sation. Justice jerks said that according
to the authorities acts done in the
proper exercise of governmental power
ana not directly encroaching upon pri-
vate property though their consequences
may impair it's use. are universally held
rot to be a taking within the meaning
OF the constitutional provision"
The Legislature is not dealing with
an invasion OF tramps." said Justice
jerks. 1T is not yielding to a new
variation OF the cry bread and the
circus II would assure the present
home to citizens who pay for their
habtation. Confronted with the stress
OF circumstances. could not the Legis-
isture have asked what city-even our
city of New York, however law abid-
fng-can maintain its peace. health and
order against the consequences of the
eviction of perhaps thousands of itt
law abiding citizens so that they be-
came outcasts with no places to lay
their heads?
What consequences in this densest
city ever known may not follow when
the life and health of these citizens
and their families face the peril OF
homelessness? All landlords are moi
profiteers and many are humanitarians
There may be, there must be, isolated
cases OF hardship in all applications OF
the rule of the greatest good of the
greatest number.
Right to Preserve Order.
The house of the owner may be de-
stroyed TO prevent the spread of fire.
but what is the chief peril of confla-
grafton but the destruction of shelter,
whereupon civil government may tot
ter, pestience may come. crime and
anarchy stalk in. Concede that this
statute does not add one square foot
TO the housing accommodations In the
city OF New York. Yet there remains
the question of the preservation OF civil
order and the health of the people
IF we can, ! think we may suppose
that the Legislature believed that this
statute of stay for such n period might
make for the order and health and life
of this community. Upon this view
might II not be comparatively insig-
nificant that as n necessary incident
20 meet the 'emergency'-to keep tran
uullity--the owner who purposed to con-
tinue the use of his land for tenants
should not change the tenant without
reason save caprice or avidity for
higher rentals? New occasions make
new duties. In this emergency I cam
not see that the statute flouts the
Constitution or Is collectivism beyond
the spirit and the law of our land"
Justice Mills, In concurring, said tina,
the new rent laws we're threefod in pur-
pose those limiting the application OF
the remedy OF summary process. those
limiting the remedy OF ejectment and
those limiting the right to recover agreed
rentals
William n. Guthrie. ex-Judge Francis
NJ Scott. George l.. Ingraham and ]. NJ.
Wormscr submitted briefs at the time
OK argument as friends OF the court
Grover ". Moscowitz. who appeared for
tho Landlord Realty Company. has ar
ranged with william Il. Carswell. AS
sistant Corporation Counsel. for a quick
appeal to the Court OF Appeals.
CTJECT REATC REIIpnY