New-York tribune., 1920-12-17
Rent Law Held
Constitutional
By U. S. Court
Ruling Based On Necessity;
Judges Declare Shelter
Needed as Much as Bread:
Police Power Is Upheld
Landlords Will Appeal
Case Now Goes to Highest
Tribunal in Country.
Brown Go. Is Plaintiff


Tie United States District Court yes
terdsy declared to be constitutional the
rent laws passed by the state Legis-
lature last October.
The test suit, brought by the Marcus
Brown Holding Company. New Jersey
corporation. sgainst Marcus Feldman
BENJAMIN and Frank Schwartz. rs ten
ant defendants. and against Edward
Swann, as District Attorney, was dis
missed in an opinion written by Judge
Tough and concurred in by Judges
Mayer and Hand.
The Brown Holding Company sought
20 oust the three tenants from an
apartment in building owned by the
company. and sought also to restrain
the District Attorney from enforcing
the police provisions Of the rent leg
islation, which make it crime on the
part OF the landlord if he neglect to
provide light. heat and such service.
The conn., plainant also contended that
The laws deprived him of his property
without due process Of law.
The decision, besides uphclding the
constitutional OF the rent legisla-
eion, declared that the police powers CT
court held that the leg station was
justitiabe IN view of the emergency
which existed ct the time.
Ten Per Cent Of People Involved
an October last" reads the decision,
'4the municipal courts were flooded
with summary dspossess proceedings.
They amounted to hundreds of thou
sands. and, according to the estimate
hv LEGAL relief associations, the number
of persons involved in each dispossess
proceeding was not less than four, and
IN all probability five. This meant
that nearly 10 per cent of the perma-
nent population of the city would, Il
existing laws took their course, shortly
be seeking other habltations on the eve
Of winter.
"Such conditions produced a reason
deemed sufficient by the Legislature to
prefer, in the struggle for living space,
the tenants in possession to all others,
and to give them the option Of rema n
ing at reasonable rent. There was
secured to a landlord legal machin-
cry for asccrtalning such reasonable
compe1. sation.
ave must hold that the business of
renting out living space IS as suitable
tor statutory regulation and as much
affected with a public interest as ire
insurance or trading stamps.
Shelter as Necessary as Bread
"Men and women who want a place
% sleep are peculiarly at the mercy
If the landlords. Shelter is a.
much a necessity as bread, and that,
-,
subject OF regulation and, indeed, OF
tpportlonllent.
IF, therefore, the al]otmen5 of neces-
aries in times of stress is govern
mental function known 20 historic Law
and the business NOV affected is, in
sLch circumstances, one capable Of be-
-ng affected with public interest,
nothing remains of plaintiffs conten-
zion except the complaint Of inequality
legal protection.
This is the hub OF the matter, Cor it
) plain that a reason must be clear
which justifes on fundamental, i. e.
constitutional, principles the selection
o one class OF lanc:ords for regua-
lion and one class OF tenants for ia
For and protection.
The reason is clear; in property
other than dwellings there was not
shown to be such scarcity rs existed
n respect of livable rooms and apart
nents.
Having examined the reason for
snese laws to the best of our ability,
we hold it shown that an emergency
existed and shat the resultant evil
shreasered to spread, that the legisla-
i've remedy is OF a k1nd long known to
az, though not hitherto used in Amer
lca; that the business affected is one
capable of 'superinduceG rig.t of pub
ic regulation.'
Ruling Affects Only Present
eve speak only in the present tense
and hold the statute complained Of to
be constitutional, but it does not neces-
sarily follow that because they violated
10 fundamental law in September or
December of 1920 they will never so
violate. Should it be shown hereafter
hat the reason for the laws had in
fact passed, questions may arise not
Tow before US and as to which we do
aot wish to seem TO foreclose discus
sion. Therefore the bill is dismissed
Without prcJud ice and with costs"
The state vas represented by William
.. Guthrie and Julius Henry Cohen.
lhe District Attorney was represented
oy Robert s. Johnston. Marcus Field
nan and Schwartz Brothers, were rep
resented By Samuel r Gersten.
Joseph Seidman, attorney for the
plaintiffs, said last night that the case
you'd be appealed to the United States
Supreme Court.
This is the second suit brought into
The Federal courts by the Brown Hold
.ng Company. The first was against
Arnold Pollah, tenant. 1t also sought
20 test the constitutionality of the rent
legislation. but failed. The case was
dismissed on technical grounds, which
d;d not bring it within the Jurisdiction
u the court.