The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-11
Former Supreme Court JUS
tees in Charge of Prepar-
ing Realty Cases.
TENANTS SLOW TO PAY
Landlords Say Fairness De-
mands Stipulation Plan
of Payment.
DOES NOT TIE UP MONEY
Republican Club of 18th As
sembly District Fights
Dispossess Action.
DOES NOT TIE UP MONEY

While litigation under the new rent
laws is piling up in the courts. prom
Using a series of long and bitter contests.
thousands OF tenants who did not pay
rent on October l are watching with In
terest the exchange of arguments be-
tween Arthur J. lilly chairman of the
Mayors Committee on Rent Profiteer-
Ing, and officials of real estate organiza-
tions over the proposal that rents be
paid Immediately under an agreement
which will prejudice neither the landlord
nor the tenant in the courts.
The advice given by Mr.. Hilly TO ten
ants not to sign such Il stipulation on
the ground that it was one sided was
called foolish and unfair" yesterday
by Julius III. Zieser. head OF the legal
bureau OF the Real Estate Interests, Inc.
Mr.. Ziesers organization is taking
leading part in the movement to have
the rent laws tested in the courts as
soon as possible.
One of the first steps was to propose
stipulation whereby the landlord might
have the use of his money without hav-
ing it tied up in the courts indefinitely.
1t was argued that such an agreement.
contingent upon a test case involving
the point in dispute would save both
parties the trouble and expense of going
into court. Mr.. Hilly charged that this
suggestion on the part OF the landlords
was not made in good faith
Urges Fairness or stipulation.
THE courts will either sustain the
rent laws or they viii not sustain
them" said Mr.. zleser. IF they are
sustained, the landlord in order to get
more rent viii be Obliged to go into
court and establish his contention that
ne is entitled 70 more. If the laws are
not sustained, certainly the landlord
will be entitled TO some rental Now
the effect of the suggested stipulation
would be simply TO hold the whole mat
ter in allegiance pending a decision"
Real estate men on the upper West
Side. who became so perturbed over the
effects Of the rent laws that they formed
the Real Estate Interests, Inc. last
week. declare that tenants in their
houses are taking advantage Of every
pretext TO invoke the protection of the
laws. Mr. Zieser said that the emer-
gency legislation was passed chiefly be-
cause of conditions on the lower East
Side, The Bronx and certain sections OF
Brooklyn.
THE people in the poorer parts of the
city" he said ARE paying more in pro-
portion than The others. and their
plight. due to gouging landlords, started
the agitation for new laws.
"On the upper West Side the situa-
ton is entirely diff rent. on. Broad
way. Riverside Drive. West End avenue
and generally. speaking. everything be-
tween Seventy-second and 2o7th streets
. faA Ht~r, ~
means They have apartments In mod
ern buildings. furnished and equipped
like palaces.
But what is happening? Despite
the fact that most of these persons are
paying rent under leases made two or
three years ago--an amount entirely in
adequate now--they are the very first TO
take advantage OF the new laws. They
are not paying in proportion, but they
are causing all the trouble they can. The
poorer people appear TO have much
fairer attitude"
Arrnn ging for Test Cases.
Former Supreme Court Justices
George l.. Ingraham and Francis NJ.
Scott, who will lead the attack OF the
real estate interests against the rent
laws, are expected to file number of
test cases to-day and to make definite
announcements of their plans. The joint
real estate law committee. made up OF
realty lawyers from various organlza-
tions. will collect legal details and con-
duct a campaign OF publicity 70 acquaint
the people with their reasons for OBJ
jecting TO the rent laws Information
20 show just how seriously building has
been affected by the emergency rent
measures and by rising costs of material
and labor will be collected and made
public.
Papers have been served upon the Re-
publican Club Of the Thirteenth Assem-
bly, district. 32i ST. Nicholas avenue, to
show cause this morning why the club
should not be evieted from Its present
quarters. The papers were issued IN the
Seventh District Municipal Court Peter
Smith. who recently purchased the prop
erty. has started the proceedings on the
ground that he wants to obtain possess
sion for himself and family. At the
club II was said that the members were
planning 10 move because Smith de-
manded more rent than they could pay.
The club. II was said. expects to move
Immediately after election, but VIII make
an attempt TO hold the premises until
then.