The evening world., 1920-07-30
STAY GIVEN
10 TENANTS WHOSE
rent WAS RAISED
Robitzek Signs Order After
Landlord Admits He Seeks
Big Boost.

A forecast of what will happen
when hold-over stays now Ting
granted in the Municipal Courts ex-
pire was indicated in the Bronx Mu-
nicipal Court to-day when Justice
Harry RUGitzek signed what Is known,
as a final order" against the nine
teen tenants in the apartment house
at No. 1923 Park Avenue, the Bronx.
These are virtually warrants Of
eviction and become effective July /.
1877. They were signed on nnStion of
Oliver Davis, representing John Fin
kenheimer owner OF the building.
Finkenheimer appeared before Jus
tice Robitzek several days ago as the
complainant in ''hold-over" proceed
ings against all the occupants OF the
house. He made no secret of tie fact
that the proceedings were icing
brought to get a larger rental out OF
the apartments. The new rents de-
manded represented an increase OF So
per cent. over what the tenants paid a
year ago.
The tenants were prepared To fight
the case and offered to prove their
claim ON the citys assessment. Fink
eHhetmer, through his representatv
offered an appraisal nearly double
the amount fixed by the city and the
Judge offered to accept 1t provided
the landlord would request the tax
appraisers that he be taxed on his
own estimate OF the value Of the
property This he declined 70 do.
1t was sought to get compromise,
the tenants offering 80 per cent. in
crease for two-year or even an
eighteen months lease. Finkenheim-
er would not agree to this and there
was nothing for the court 10 do but
grant the tenants n stay of one year.
They want the law" said Finken-
heimer, they can have it. I'll take
st also and IN get my final order for
I uly l, 1921, and put every one Of them
out at that time"
He made good on his promise to-
day, and unless the Legislature
amends the rent laws granting the
courts power to extend such stays
| hese nineteen families will be evict-
d on that date.
Congestion of Municipal Court
calendars by disposscss cases could
be greatly relieved II the powers OF
| arbitration OF the courts were ap-
piled when landlords apply for dis
| possess papers, according to Munich
! pal Justice George h Genung
Justice Genung says he has EN-.
| ployed arbitration to great advantage
! in wage cases ana IN cases where
| there was suit for work done on
| houses.
An instance where the tenant is
unable properly 10 defend himself
! against the % per cent. demand of the
| landlord occurred n the First D.strCt
Municipal Court. Twenty four tenants
Of No, 80 Charles Street were compeut4
10 pay the increase because they
could not secure facts with which Ia
prove the demand unjustifiable. The
LANDLORD, Jacob Smith, of that ad-
dress, was granted DISPOSE sse !
against the six remaining tenants
who refused to comply with his de-
mands.
Justice Friedlander, who tried the
cases, declared that Smith should
have been forced TO come forth with
the proof that the increase he asked
was jusLfiable.
The law must be changed in this
respect said the Justice. Until II
is, justice will not be done TO all who
come into court.
"The best way TO compel land
lords 10 keep their places in a cla.n
habitable condition is to take from
the hands Of the Magistrates tn,
power Of enforcing repairs and pu
II into the hands OF the Board OF
Health.
"If the Board of Health had a mar
stationed in every court on dispOs,
soss days. 10 take complaints and
make immediate investigation thor
would be less triCkcry by landlords
The Board of Health has machinery