The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-07
OWNERS BEGIN
! FIRST TEST OF
NEW RENT LAW
Landlord Seeks to Gust 46
Tenants Whose Leases
Have Expired.
BACK TO CONSTITUTION
No Remedy Left to Regain
Possession of Property,
Says Petition.
LONG FIGHT rs PROMISED
Validity of Every Provision
Will Be Questioned by Real
Estate Operators.

The first important skirmish be-
tween landlords and tenants to settle
doubts as to the validity and con-
stitutionality Of the rent laws passed
by the Legislature last month will take
place this morning in the Supreme
Court before Justice George V. Mullan.
Arguments will be heard on the ap-
plication of William Brandt & Co., Inc,
for an order to show cause why GER
tain tenants in the six story elevator
apartment house at Audubon avenue
and 10th street should not give up
their apartments in accordance with
The terms of their leases.
The affidavit of Meyer D. Siegel of
% Park Row, attorney for the plain
tn, says that the corporation purchased
The apartment house last February sub
yect to leases held by the occupants OF
forty-six suites. The leases were ident-
zeal except as to a time when the tenant
was to vacate In the leases was a pro-
vision that the tenants would surrender
possession when their leases ran out I'M
less they desired to enter into a new
agreement The leases of the defend
ants expired September go but they re-
fused to move because they could not OBJ
tam apartments. and claimed the right
TO stay under the new rent laws.
Demands were made upon them to
yacate," said Mr.. Siegel. but they re-
fused to do so. They still hold posses
sion OF their apartments against the
wishes and protests of the owners
Back to Constitutional LAW.
It Is claimed that the action of the
tenants amounts to n conhscation of the
property of the plaintiff. The tenants
are also charged with conspiring TO de-
Drive the landlord of possession of his
property. In one par. of the complaint,
William Brandt. president OF the corpo-
ration, says:
This plaintiff shows that It has no
adequate remedy at law by reason Of
the fact that by laws duly enacted at
the special session of the Legislature in
September. 1920. duly approved by the
Governor of the State of New York, all
remedies at law to regain possession of
said premises have been abolished and
that this plaintiff must therefore invoke
the general equitable process of this
court which 1t has under the Constitu-
ton of the United States to grant relief
N enforcing performance OF a legal
contract"
1t Is demanded that the tenants give
up their apartments that money
judgment be given against them; that
while the action is pending they must
be notified to vacate. and that the costs
be assessed against the tenants.
Real estate operators said yesterday
that court actions to test thoroughly the
validity Of each of the provisions of the
new laws may be expected soon.
France Grapples with situation.
The Senate Committee on Reconstruct
ton and Production. of which Senator
Calder is chairman resumed it's hearings
on the housing situation yesterday
George b. Ford. foreign housing adj
wiser to the committee. testified that
France. though she has tried many
methods, has not yet found a eatisfac-
tory solution of her housing difficulties.
A bill has been introduced in the
Chamber of Deputies, he said, providing
Cor Government aid in the construction
OF 500, 900 homes for working men, One
ralf of the cost of each building under
the provisions of the bill will be given
by the Government through various CO.
operative housing societies which have
been formed The money under this plan
will be raised by special loans.
Under the law In France, Mr.. Ford
said. the Government may appropriate
property in an emergency. The per-
centage Of families in France who own
their own homes is much greater than
in America, he said. The committee will
resume it's hearings this morning.