New-York tribune., 1920-09-25

district may determine that until Jan
gary l, 1882, new buildings therein
planned for dwelling purposes exclu
sively, shall be exempt from taxation
for local purposes during construction
and SO long as used or intended to be
used exclusively for dwelling pur
poses, provided construction was com.
pleted since April /, 1920. or. if not
so completed, that construction be
commenced before April /, 1922. ant
completion for occupancy be effected
within twenty-four months after such
commencement, or if now in course
Of construction within eighteen months
after this section takes effect. This
act shall take effect Immediately.
Twenty-Five Per Cent Law Repealed
With a view to giving immediate
assistance to builders by reducing the
high prices maintained by an alleged
combine OF building material men, the
Lcgi unanimously adopted the
resolution extending the life of the
Lockwood committee to February
1921. The legislative leaders believe
that the publicity attendant upon the
investigation, together with prosecu-
tions by state and Federal prosecuting
officers. will force down prices.
The resolution also directs the COM
mittee to investigate the money mar
ket. with a view to making more
money available for mortgages The
duty OF making further recommends
tions to the next Legislature to i'm
prove the housing situation.
One Of the important amendments to
the rent laws rcpcals the so-called 25
per cent increase bill of last spring
The amendment permits tenant to
refuse to pay the increase asked by the
landlord if he believes it unjust and
unreasonable, and the landlord must
sue TO obtain the increase, and to re-
cover judgment must show that the
increase is just and reasonable.
The % per cent clause, which was
in the bill passed at the last session,
has been stricken out, because it was
found to have been 50 generally mis-
understood by the public, and in some
Senator Lockwood "Under the new
bill. where the landlord sues for his
rent, the burden of proving that the
rent is just and reasonable is in all
cases upon the landlord.
"EXperiencc has shown that when
the rcasonableness of the rent has
become an issue, the tenant was
very much at disadvantage at the
trial, when a long schedule Of income
and expenses was introduced on be-
half of the landlord. The tenant had
no means of meeting the issue, not
knowing IN advance what the figures
were.
"It has been provided that if the
the landlord shall furnish bill Of
particulars which will apprise the
tenant of the claims that he must meet
and give him d reasonable opportunity
TO est the accuracy Of the landlords S
cl; m as to his expenses and income.
This will work no hardship upon the
landlord. as he would naturally be COM
PEELED to produce these figures in any
event, and they are all within his
knowledge and control
Jury Trial Provided
"The only way that the landlord can
obtain an increase of rent at the pres
ent time is by bringing this action and
getting before the court the question
whether the rent that he demands is
fair and reasonable.
THE case may be tried by the Judge,
or. if the party demands it, before a
jury. 1t might we'll be that tenant
who was financially irresponsible might
suffer Judgment to be taken against
him which would be worthless, and
there would be no way in which the
landlord could either recover his prop
erty or get his rent therefor. This. of
course, would be a great injustice,
!, at has, therefore, been provided that
II the tenant sets up the defence that
the rent is unjust and unreasonable, he
must deposit one months rent with the
clerk of the court. When the case is
tried and judgment rendered the
Judgment is then satisfied out of the
money deposited, if it be sufficient, and.
II not, the tenant must pay the addi-
tlonal amount within five days, or the
landlord may have warrant to remove
him from the premises.
"lf the tenant desires to appeal the
case. he must pay the amount deter
mined by the court to be the fair
monthly rent into court each month,
until the appeal is decided. This pro
vision was made because it was thought
in many cases it light be burdensome
Cor tenant to procure bond. He al
WAYS has the amount of his rent each
month, and it is no hardship to pay
the instalments monthly to the clerk of
the court.
ut is believed that by this action
the rights of both parties are pro-
tected ard each has an opportunity
for his day in court, and no tenant
will be forced out of his home so long
as his rent is paid.
Hotels containing 125 rooms or
moro and rooming houses occupied
under hiring for a week or less are
exempted, This bill does not apply to
buildings in course of construction or
begun after this act takes effect"
No Debate on Bills
Still another measure dealing with
the suspension of summary proceed
tngs makes IL impossible for land
lord to begin action in the Supreme
Court for the recovery or possession
Of property excepting under certain
conditions.
The summary proceeding of holdover
being taken away the landlord could
begin action in the Supreme Court and
recover Judgment against the tenant
by default in twenty days, and thus de-
feat the purposes of the legislation
abollshlng holdovers except in the in
stances mentioned above
To obyiate this difficulty the bill
provides that until November i, 1922,
the Supreme Court shall have no iuris-
diction in an action for holdover cx-
cept where it is brought to recover pos
session because the tenant is objection
able, and 1t is proved that he is objec-
tionable, or where the owner desires
for his immediate personal occupation
dwell fnr h m se1f 70,