New-York tribune., 1920-11-27
New Rent Laws
Upheld in Two
Owners Suits
Justices Wagner a,ni McAvoy,
of Supreme Court, Assert
Legislature Had Right to
neutrality-suspicious.
Custer Plea Is Denied
Tenant Wouldn't Pay Second
Raise; Injunction to Force
Occupant to Move Refused

JuNices Robert F. Wagner and John
y MAAvoy. of the Supreme Court,
landed down separate decisions yester-
Gay m cases involving the constitu-
tionality of the emergency rent laws
which went into effect in September.
In each instance the justice upheld the
rcwer of the Legislature In enacting
the laws and decided in favor OF the
tenant.
The case before Justice Wagner was
brought by tae Ullman Realty Com
pany against KIntara Tamur, tenant
at 435 East SiHty-sixth Street. The
landlord corporation sought to oust the
tenant. alleging that he unlawfully had
held possession of the premises since
September "a. The plaintiff asked $3o
& month rental. The defendant in
sisted that he had paid reasonable
increase when his rent was Increased
from S23 to $50 month. The Ullman
company attacked the constitutionality
of the law under which Tamur retained
possession.
Upholds Tenants Rights
'T cannot subscribe to any doctrine"
wrote Justice Wagner, that hinders or
restraints our legislative power from
20 relieve the actual distress of the
thousands of tenants in this COM
munity who would otherwise bc made
homeess. l think their rights to
homes in which to live, during an
emergency of the kind that now con-
fronts us, is transcendentally para
mount to anv private rights of prop
erty. The protection of their health
ard morals commands q vastly more
important position to my mind. and is
Of far greater moment to the welfare of
the state, than any strict adherence Of
the individuals private property.
"A condition of affairs existed con-
cerning which our Legislature exer-
cised its granted right to enact laws
for the protection OF the health and
welfare OF its people. Ii the end be a
legitimate one all means which are not
arbitrary and oppressive, but are ap-
propriate and reasonable and adapted
to that end, are within the Legislative
grant OF power. l think there can be
little doubt that the enactments in
question bore just relation to the
propTtion of the public within The
scope Of its power and we're reasonable
and appropriate in character,
"ThN statutes in question were enact
ei TO avert a crisis. No constitutional
right ot the owner Of property was
*ransgr,r rsed. No sound reason is ad-
vanced Wat the governmental aid was
rot lawf ully eXerted."
Injunction Plea Denied
Justice McAvoy's decision was in the
case Of the Versailles Holding Corpo-
ration against Stein. In this case the
landlord sought to obtain possession Of
its premistSs by means Of en- injunc-
ton Justice McAyoy said:
THE Leg lslature, without question,
had power to- abolish the remedy which
u granted to recover possession OF real
property by summary proceedings dds
possess) and could if at emergency
existed, under Che police power, be en-
titled 10 suspend the action Of eject
ment FOR a prescribed period II is
conceded here that the existing laws
accomplishing this result are within the
legislative power and asserted in effect
nat, although the Legislature abol-
shed legal power to remove g hold
over. the equitable remedy to compel
nm to remove survives or arises out of
= lack of, or d prompt, adequate and
efficient remedy This is so facle a
device for avoiding the legislative pol
'cs that unless equitable consider
atoms support the plaintiffs bill it
ought not TO be countenanced"