The New York herald., 1920-12-25
MAY GUST TENANT
WHEN LEASE ENDS,
| BCOURT DECISION
Thousands of People Will
Be Homeless if Edict
Is Upheld.
SPITE WILL BE FACTOR
First Appellate Division
Rules Directly Opposite
to the Second.
OTHER RENT LAWS VALID
Can't Force Reasonable Charge
Nor Suspend Dispossess With
out Court Action.
OTHER RENT LAWS VALID

| Landlords of New York won their
pellate Division of the Supreme Court,
First Department, held unconstitu-
tional that chapter of the emergency
rent laws enacted by the last Legis-
lature which renders a tenant i'm
mune from election upon the expira-
| ton Of his lease.
If this decision is upheld by the
Court of Appeals, to which the ques-
| tlon must go, because exactly the op-
posite view has been held by the Ap-
| pellate Division of the Second Division.
it means that thousands of landlord
and tenant disputes will end in the
tenant being dispossessed.
The decision does not mean that a
landlord may eject tenant for the pur-
pose of obtaining a higher rent from n
new occupant. and it is supposed tina. It
does not allow a landlord to eject ten
ant If the tenant pays the increased legal
| rent demanded. But there are many
landlords who will make every effort TO
| eject their tenants because the tenants
have taken their cases to court and
caused considerable trouble to the land
lords and the holding up of rent moneys.
not necessarily to obtain higher rents
from other occupants. but simply to play
even with the tenants who hare defeated
them in legal battles
Thousands Are Affected.
It Is difficult TO estimate the number
of tenants that may be placed in this
category, who are living in apartments
the leases of which have expired, but it
is certain that there are many thousands
of them. Ali will be affected IL the
1 Court of Appeals upholds yesterdays de-
cision. since they are now occupying
their homes only by the grace of the
lower courts.
The Appellate Division rendered two
other decisions holding chapters of the
rent laws to be constitutional. These
are chapter 944, which forces the land
lord to charge only reasonable rental,
and chapter 942, which suspends the
remedy of dspossess without court ac-
ton.
But on the decision to reverse the
lower court that held 1t to be illegal to
eject tenant on the expiration of his
lease the court was four to one. It held
that the law is invalid because it is an
impairment OF the powers OF the Supreme
Court under the constitution.
This decision Is absolutely contrary
to one recently handed down by the Sec
ond Department in Brooklyn, where It
was held that the law was constitutional.
AS a result landlords applications for
writs of mandamus in Brooklyn are be-
ing denied pending the ruling of the
Court of Appeals. 1t is presumed that h
similar course will prevail in Manhat-
tan courts.
The test cases upon which the ruling
was handed down yesterday were that of
Guttog vs.. Schatzkn and No. $50 West
End Avenue VIZ. Stern. Ejectment actions
we're brought by the landlords to recove-
possession of their property from ten
ants after the expiration of the leases.
The court held that the law closed the
doors OF the courts to property owners
| and prevented them from regaining pos
session OF II.
Mandamus Action Decided.
The decision relating to chapter 942
of People ex rel. Durham Realty Com
pany VS.. La Fetra. This was a man
damus proceeding, and the plaintiffs con-
tended that this chapter of the new law
was invalid because II deprived landlords
| Of the benefits OF the old laws on leases
made before the new laws were passed.
The court held that the Legislature left
an adequate remedy when IL repealed the
old laws.
Douglas Elliman, real estate operator.
said last night that any action of the
courts 90 throw out the rent laws was a
victory for the tenant even though II
might seem TO favor the landlord be-
cause until the laws are repealed or
found 20 be unconstitutional there viii
be no money invested in building for
housing purposes.
Conditions are rapidly returning TO
normal, Mr.. EllIman said, and It is time
tho Legislature discovered that the laws.
instead Of relieving the housing situa-
ton. arc aggravating H.