New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-04-10
Increases Must Be Based
on Figures of Year Ago,
Regardless of Resi-
dent, Justice Rules
Lessees Permitted
TO Recover Excess
Fewer Cases Come to
Court as Compromises
Are Reached Outside

Jul uCClSIOlS, cdCn OF WulCn UcdlS
staggering blow to profteering land
lords, were made yesterday by justice
John ID. Davies in the Seventh Distric
Municipal Court. IF sustained in tn
higher courts they will effcctually ba
various schemes by which landlord
have been trying to cvade the new law
against rent profteering and will per
nit tenants who have been bled to re
cover their losses. Briefly, the decisions
are:
That the fact that tenant has
signed lease does not prevent his
bringing legal action to have the
rental put on fair basis as defined
by the new laws.
That if the tenant has been paying
more than a fair rental he can sue
for recovery of the difference from
the landlord.
That the new laws are retroactive
to April, 1919, and that the rental
charged in that month must be the
basis for new rates and for such
suits for recovery.
That increases must be based on
the rental charged for the apart
ment, regardless of whether the same
tenant is holding over or not; in
other words, that eXtortionate rates
charged to new tenants can be han
died exactly as if the tenant had been
in the same apartment before the
raises wer emade, and regardless of
whether he has signed lease at the
new rates.
Profiteers in Panic
AS news of these decisions, which Sc
the first precedent on points of law te
which many landlords had pinned higf
hopes, spread among the profiteers the
panic which has been growing in the
last few days increased. In general
the day was the best for the tenant.
that has yet passed, for courts through
out the city held steadily to their pre-
vious policy of granting long stays, in
sistng on proof of fairness of in
creases and bringing about many re
ductions in rent.
The result of the decisions of tn,
earlier part Of the week was clearl,
shown in the courts dockets Nor,
and more landlords are withdrawing
their suits to have tenants thrown ou
and more and more are reaching com
promises outside the court Their,
were therefore, fewer cases heard thar
on any day this week and court at
tendants everywhere expressed the be
lief that the worst of the present crisis
was over. Some expect that there will
be another big batch Of cases abou
May /, but many predicted that thu
landlords would see that there was lit
tie chance Of their getting by with an!
such rentals as they have been charg
ing and that they would reduce theil
demands rather than take the risk O
having even their present income Gu
by the courts.
Perhaps the most farreaching OF
Justice Daviess decisions was tha
which made the apartment not tn,
tenancy, the basis of judgment. Many
landlords, since the new laws were
passed, have been trying to evade then
by ousting old tenants and putting il
new ones, in the hope that they coult
then get a higher rental and at the
same time escape the aw, as it woulc
not be technically an 'tncrease,' since
there had been no previous dealing:
with that particular tenant.
New Tenancies" No Excuse
One form which this scheme ha:
taken has been to serve notice on ten
ants that their tenancies would expire
and then to offer them ''new tenancies,
thus putting in a constructive barrier
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