The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-05
JUSTICES TO PLAN
RENT LAW STAND
Board Meets To-day to Agree
ON Procedure in Landlord
Tenant Cases.
CONTEST BY REALTY MEN
COnstitutiOnality of Emerg-
ency Legislation Will Be
Questioned at Once.

The Board of Municipal Court JUS
tees. on whom the bulk of the work of
adjudicating the Acknowledgement con-
troversies falls. will hold a special meet
ing to-day to decide how the courts Will
act under the emergency legislation
passed recently at Albany. At the same
time the Real Estate Board, composed
Of the leading realty firms of the city.
will put the finishing touches on plans
to contest the constitutionality of the
new laws.
Justice Aaron J. Levy. president OF
the Board of Municipal Court Judges,
called the special meeting of the board,
which will be held at 80 this after
noon in the Ninth District Municipal
Court. Madison avenue and Fifty-ninth
street. The committee on rules. of
which Justice Frederick Spiegelberg,
father of the 25 per cent. rent bill. Is
chairman, will report on methods under
which the courts should act. Spiegel-
berg and the other members of the ccm-
mittee have been digesting the new laws
for more than n week.
Alexander McNulty, counsel for the
Real Estate Board. made IL known that
the board is losing no time in starting
the contest of the new laws The test
/
few days, Mr.. McNulty said. 1t will
be the contention of. the board that the
new laws are confscatory in sense
and deprive realty owners of the rights
granted them by the State and national
constitutions. Some of the most promi-
nent real estate lawyers have been con-
suited so the board may begin its ac-
ton on the soundest legal advice.
Accused of Intimidation.
David Hirshfield,. Commissioner of
Accounts, said that certain landlords are
resorting to subterfuges to evade the
new rent laws. He told of a landlord
on the upper West Side directing ten
ant, who had refused to sign a new
lease at $500 increase in rental. to
move because he wanted to occupy the
apartment himself. This landlord, ac-
cording to Mr.. Hirshfield, occupies an
other apartment in the building so that
his demand of the tenant Is clearly Il
subterfuge
THE threats being made by landlords
that they will sue tenants for damages
if they refuse TO live up to their leases
is nothing mere than an attempt TO in
tmidate the tenants" Mr.. Hirshfield
said. Tenants shol.d no. be frightenod
by these threats. The landlord knows
more than Is allowed by law"
The sole consideration OF the Legis-
lature in passing the emergency measure,
according to Mr. Hirshfeld was to re-
| lieve the tenant from exorbitant rents
and of being compelled upon failure to
| pay these rentals to move from the
| building. Mr. Hrshfield denied the laws
are retroactive except where the ten
ants claim duress. The claim of duress,
he said. will apply to all those cases
Where tenants were compelled to sign
new leases upon thirty day notices.
Richard o. Chlttick. executive secre-
| tary of the Real Estate Board. sent a
letter TO Mayor Hylan protesting against
the advice Arthur j. W. Hily. chairman
of the Mayors Committee on Rent
| Profiteering. has been giving tenants.
| Mr.. Chittick wrote that Mr.. Hily's ad-
vice to the tenants that they should
stay where they are" is defiance OF
the rental agreements laid down in the
Supreme Court by Justice Lehman in the
case of the Palermo Investing Company
VS.. Katz. "in respect to the inviolability
of contracts under the Federal Consti-
tuition"
Mr.. Chittick's letter said In part:
THE landlord and tenant laws en-
acted at the extraordinary session of the
Legislature have created serious confu-
sion and are at best difficult of inter-
/ probation. Any advice given should in
the circumstances be on the side of con-
! servatism rather than be directed toward
exaggerating the socialstic and con-
hscatory features Of the laws.
LandIords' View on Taxes.
your attention is respectfully called
to the seriousness of this whole situa-
ton, especially In view of the fact that
the city is now facing a tentative budget
of s530.o00. 900 and a tax rate of be-
tween SO and 81 per 800 of assessed
valuation, the budget being 100 per cent
higher than that of last year. It Is sub
mitted that II tenant are by the advice
of your representatives egged on to defy
landlords and withhold rents II may not
be possible for property owners to meet
the demands Of normal city budget to
say nothing Of the overwhelming burden
threatened by the 1920 budget now in
the making"
One OF the most encouraging incidents
of the day in regard to the housing
shortage was the announcement by the
real estate committee OF the board OF
directors OF toe Metropolitan Life In
surance Company of the authorizing
Of 3S7 separate loans for a total OF
about s2,500.0O for the purchase and
construction Of low-priced apartments
and small houses. Most OF these loans
were made within the city limits, but
several are located in New Jersey. In
diana and Ohio. and for the most part
are fifteen year loans which must be
reduced by small amounts semi-annualy.
In Queens county zoo loans of $4,000
cschwere made on property in Arleigh.
The semi-annual reduction Of these is
TO be S112.50. other loans in the city
were six ranging between $4,000 and
s4.250 on property at avenue NJ and
Schenectady avenue, Brooklyn four OF
$4,000 each on property at Cation ave-
nue. and Twelfth street, Brooklyn; and
one of 100000 on a piece OF property
located at Riverside Drive and 15Sth
street
Ask Bonds From Tenants.
The Lowell & weisch Realty Company.
Inc, made application before Justice
l. Naa..