New-York tribune., 1920-04-13
Jury TO Decid e
Tenants Fight
For Back Rent
Robitzek Refuses to Concur
in Davies's Ruling That
Landlords Must Return
Excess Paid Last Year
$500 More Cases Heard
Public Victorious in Near
ly ALI Contests; Many
Compromises on Outside


over landlords yesterday in great
majority of about $500 cases heard in
magistrates courts, the heaviest cal
endar since the -profiteering laws
went into effect. The appearance of
hundreds of cases put over from last
week and of other hundreds thrown
out because Of faulty papers congested
the courts, and the justices worked at
top speed throughout the day to clear
the dockets.
There was one setback to the tenants
when Justice Robitzek, in the Second
District Of the Bronx, who has been
one of the first in making drastic APP
plication of the new laws, refused to
concur in the ruling fo Justice Davies
that a tenant who has been paying eX
orbtant rent since April 1, 1919, can re-
cover from the landlord Justice Davies
ruled that the landlord could be made
to disgorge all above the 25 per cent
increase which the law fixes as the
presumptive fair increase. Five ten
ants of the Klarfield Realty Company,
living at 1927 Walton Avenue, the
Bronx, asked for such refund, but
the justice declared he wanted a jury
to pass on the question, and adjourned
the case to Thursday.
In a majority of the cases in all
courts, where settlements are made, it
is on the basis of 25 per cent in
crease over last April. The law re-
quires that the landlord prove his right
to more and the tenant his right to
less than this amount, and most of
both classes are showing themselves
willing to compromise on this basis
rather than go into a trial of facts.
already been made such compromise
is almost always substantial victory
! for the tenant.
Long Stays Are Granted
When a compromise is not reached
the justices are holding to their prac-
tice Of allowing tho tenant ample time
before eviction. Stays granted yester-
day ran all the way from one to six
months, with the majority around three
or four months. In the meantime the
/ tenants remain at the old rental
Practically no immediate evictions are
being granted where the tenant is
willing to pay the old rent
An increasing number Of compromise s
is being effected out of court, as land
lords and lessees are feeling the burden
of spending hours daily in the court
room, waiting for case after case to
be heard Lack Of evidence, faulty
papers and other troubles cause so
many postponements that a landlord
with any considerable number Of pre-
testing tenants has to spend much time
in court and many have come to be-
! lieve a compromise the better plan.
A new kind of trouble between land
lord and tenant cropped out when all
Avoy in the Supreme court for an in
junction to prevent Frank Corsaro from
ousting the Fraternal Dinner Club
from the three upper floors Of the
building at 230 West Forty sixth Street.
The club alleges that Corsaro agreed
to sign lease, but delayed until after
it had moved in and has now made a
preemptory demand for the premises.
1t says it has invested $1,000 in fitting
up the place, paid its monthly rental
of $3.50, and a $3.50 water tax The
case will be heard Thursday.
New Complications in View
New complications will be injected
into the legal aspects Of the rent stu
alton if a bill which has been intro
tuced at Albany by Asscmblyman. w
C. Amos is passed. 1t provides for
rent commissions in three districts of
the state, with headquarters at New
York, Albany and Buffalo. These COM
missions. would. have the following
powers:
To lease any unimproved real estate
in the city for net less than fifteen
years and construct dwellings, and
apartments to be rented at terms tc
allow the commission to realize 5 pei
cent on the cost of the property
To purchase portable houses ant
tents, install them in parks, and rent
them. A fund of $5,000,0O0 is provided
for this. Profits are to go to the
teachers salary fund.
To hold public hearings at which
landlords and tenants must appear ane
fix reasonable rents (Which will per
nit the owner or lessor to obtain 6
fair return on the true value Of the
property"
To institute proceedings Of this
kind on its own initiative and have
free access to all books and papers
which might be of assistance in reach
ing its decisions.