New-York tribune., 1920-10-13
T rr~r
Lawyer Thinks
New Rent Laws
Constitutional
N. Y. Law School Expert
Says Only Question Is
Act Limiting Ejectments;
Gees Further Than Need
Opposes Landlords Stand
Declares Owners Also Are
Protected by Statutes;
Safeguard Collections

with the possible exception OF the
act limiting ejectment actions, which
was introduced hurredly at the last
day of the special session, I have no
doubt as to the constitutionality Of
the new rent laws"
This was the opinion expressed in
statement issued yesterday by Harold
G. Aron, professor Of real property
law at the New York Law School He
added that he believed the new rent
Jaws would be upheld. He said that
he could not support the landlords
side of the controversy, although he
was fully convinced that those who
are acting for the landlords in ques-
tioning the constitutionality of the
laws are acting in good faith.
Mr.. Aron is member of the group
of lawyers who are voluntarily asso-
ciated with William D. Guthrie in aid
ing the joint legislative committee on
housing, hsaded by Senator Charles C.
Lockwood His statement yesterday ie
the first clear pronouncement on the
new laws. In it he says:
"The real estate interests in New
York City naturally desire to test the
new laws, and they have rendered a
real public service in centralizing the
litigation and retaining such sound,
able and high minded counsel as Jus
tees Scott and Ingraham. If the ten
ants will approach the matter in the
same way a great deal of unnecessary
litigation will be avoided and the very
important questions involved will be
settled In decent and orderly manner
to the satisfaction of all concerned.
All Laws Have Been Tested
constitutional test, and If these laws
are unconstitutional, which / am sure
they are not, it would be public mis-
fortune for them TO remain on the
statute books.
The new ejectment law to which
refer goes further than l think was
necessary, but in enacting it the Leg
islature was moved by the fact that
certain short-sighted attorneys had al
ready attempted to abuse the common
law right of ejectment by harassing
tenants Of the poorer classes with liti-
cation they did not know how to meet
am strongly of the notion that had
the real estate interests been acting
under the advice of their present coun-
sci the new ejectment act would not
have been found necessary. The ques-
tion Of its constitutionality will in
volvc some very interesting and novel
questions of law of the utmost public
Importance, and the final ,determina-
tion must wait for the highest court
The really important phase of the new
gislation-namely, summary proceed
ings-will not be affected by the out
come of the litigation over the new
ejectment law"
Mr.. Aron says that the new laws do
not retard new buildings and adds that
landlords of new buildings have the
same rights, as far as collection of
rents and recovery of possession, as
they had prior to the passing of any
of the new rent laws. This right also
is enjoyed by owners and landlords of
old buildings, he said, with the ex-
ception of the new ejectment law.
ut may be emphatically said," he
continues, that with this exception
there is nothing in the new rent laws
which is not absolutely consistent with
every principle of Anglo Saxon Justice
and our own constitutional law. No
landlord ever had the right to make a
tenant pay rent agreed upon under a
lease which was procured by duress and
was not therefore legal contract No
landlord ever had the right to dspos-
sess tenant as q means of forcing
hlm TO pay an unconscionable rent by
taking advantage of conditions under
which the tenant was not free agent
as the law puts it.
Inc new laws in effect provide only
this: That the rights which the land
lord is seeking to enforce are based
upon an honest contract not procured
by duress of the existing conditions. 1t
IS dlillcult to see upon what moral
grounds landlord can object because
the law requires him to prove a fair
contract. and honest dealing with his
tenant, before the drastic remedies of
the law are placed at his disposal. The
new rent laws in effect guarantee every
landlord fair rental, and the one
thing that they prevent is the use of
the machinery of the courts to enforce
contracts which the landlord cannot
prove were fairly obtained. Ours would
be poor system of Jurisprudence if
that had not always been the law.
Inc new laws further guarantee the
landlord immediate possession of his
property if he has any real honest pur-
pose in putting a tenant out, but this
has premises suitable for occupancy.
Tor which his only use is to lease them
TO tenants, then the tenant who is in
possession and is not Objectionable
/ should be permitted to stay there as
long as he pays as much rental as any
other tenant can be required to nav.
Every landlord has the right under the
new laws to get every dollar in rent
that the premises are worth and which
he can get from any tenant without
taking advantage of the tenants in
ability to find another home, and thus
accomplish what in law amounts to
fraud and duress."
Mr.. Aron says the new laws really
safeguard the landlord in the collec-
tlon of his rent, because no tenant can
take advantage OF then without de-
posting the amount of the rent in
court. He declares the worst that can
happen to landlord if he properly
follows the new laws is to collect not
later than November s the October
rent at the September rate, and SINH
larly collect each month thereafter
and finally to collect such additional
sum as he can prove was fair IN
crease on October l.
The STAGE Door