New-York tribune., 1920-02-22

occupancy, should no deem tenant OBJ
jectionable, said proceedings shall not
be maintainab unless the landlord
shall establish to the satisfaction of
the court that tenant is Objectionable
The Appellate Division Of the Supreme
Court, First Department, recently held
that a landlord was the sole judge as
to whether or not tenant is obiec-
tlonablle,. but later modified it's decision
by holding that this is matter for
judicial determination and that land
lord must present due proof in sup
port OF his allegations as to objection
able character Of the tenant.
Landlord Must Provide Service
Mr.. Lockwood and Mr.. McWhinney
rave bill which provides that "any
lessor OF any building, or part thereof,
VINO Is required by the terms, express
or implied, Of any contract or lease to
furnish water, heat, light, power, ele
vator service or telephone service to
any occupant of said building, who
wlllfully or Intentionally fails to fur
nlsh such water, heat, light, power. ele
vator service or telephone service at
any time when the same arc necessary
10 the proper or customary use Of such
building, or part thereof, is guilty of
HlSuemeanQr.
Under present law the tenants only
remedy Is through civil action, which is
slow and uncertain, or removal. which
IS expensive and difficult.
Protection for MONTHLY Tenants
Senator Lockwood would amend Sec
tlon l OF the summary proceedings act
so as to require q landlord to give
Doth tenants from month to month
<ov
tlco to quit, instead of twenty days.
as now provided, in cases where tenant
holds over his term; and extends this
right to all classes Of tenants in New
York City. ''' -'0"
Senator Lockwood said that the act
as amended in 1919 upon the recon-
mendatlon Of the Committee on Hous-
ing had not fully met the situation
sought to be corrected, for two rea-
sons: First, the courts have held the
act applied only to occupants of tene-
ment houses; that is, those in which
three or more families live. This works
great hardship on persons residing in
one and two-family houses Second.
the courts have pointed out a distinc
ton between tenant from month to
month and monthly tenant, holding
that tenant from month to month
IS entitled to thirty days notice to
quit, and monthly tenant, under the
statute just referred to, Is entitled to
twenty days notice to quit"
Would Stay Evictions
Senator Lockwood and Assemblyman
ROSS have a measure which gives the
Municipal Court discretionary power "a
stay the execution Of warrant for
evlclon for not more than thirty days.
instead OF not more than twenty davs
nrnVIdnd
court OF the amount of the rent at the
old rate; also striking out the clause
lim'tlng the stay to cases of eviction of
a tenant from room or apartment in
tenement house occupied by three or
more families, thereby extending it to
al tenancies, residential, commercial
and Industrial.
Mr.. Ross's bill provides for a stav Of
sixty days and makes the provision an
pllcable to proceedings for the eviction
OF tenant from house, room or
apartment occupied by the tenant for
dwelling purposes.
Creates Yearly Tenancies
~ senator Shackno and Assemblyman
Henderson introduced measures pro.
posing to amend Section 232 of the
Ieal property law, in relation to GER
taln agreements for the occupation of
rea1 estate, by providing that ian
agreement. for the occupation of real
property in the City Of New York
which shall not particularly specify in
writing the duration of the occupa-
ton shall be yearly tenancy; and
reht hereunder shall be payable
monthly, unless otherwise expressed in
the agreement" 40
To Encourage Building Of Flats
Assemblyman Jesss's BILL providea
that. whore unimprovsd land ia i'm.
proved BY. the erection thereon Of a
ssasnsns house OF apartment kuildins