New-York tribune., 1920-03-25
Relief Measures Reported
Favorably by Senators
and Assembly Commit
tee Will Act To-day
Lawmakers United
To Use All Speed
Mortgage Tax Exemption
Up to $4,000 Is APP
proved; Criminal Pros.
ecutions for Landlords
From a Staff cor,,spond~ns

ALBANY, March 24.-The way
was paved for the passage next
Tuesday of group of twelve bills
to put an end to rent gouging at a
conference of legislative leaders held
to-day in the Office of Senator J.
Henry Walters, Republican leader
in the upper house.
Senator Charles c. Lockwood. and
other members of the joint legisla-
tive committee on housing attended
the conference. Others present were
Speaker Sweet and Municipal Court
Justice Harold Spiegelberg, of New
York City, and Assemblyman George
N. Jesse, Republican, of New York,
who offered the first anti-rent prof
iteering bill of the session.
Senator Walters, at the close of
the all day conference, said all who
attended were in complete accord IS
to the need of the program and the
necessity for immediate action.
Twelve Bills Reported
After the conference adjourned
the Senate Cities Committee in exec
utive session reported out all twelve
bills favorably. Similar action will
be taken by the Assembly Cities
Committee tomorrow.
"These bills will not affect the aver
age real estate man in New York CITY
and other cities of the first class who
is and has been acting sauarely," said
Senator Walters "The only persons
who need fear these measures are the
gouging landlords. believe al. the
bills will be in the hands of the Gov
ernor for signing not later than Tues
day night or Wednesday morning"
The most important bill of the twelve
provides that any increase in rent in
excess of 25 per cent of the previous
year shall be presumptively unjust, un-
reasonable and oppressive.
Inns measure, like most of the other
bills, is to take effect immediately and
remain on the statute books until No
vember l, 1922.
Section l of the bill is unique in
legislation affecting real property in
this state and reads:
Unjust, unreasonable and oppres-
slve agreements for the payment of
rent having been and being now exact
ed by landlords from tenants under
stress of prevailing conditions. where
by the freedom of contract has been
impaired and congested housing condi-
ticns resulting therefrom have ser-
ously affected and endangered the pub
llc welfare, health ana morals. and a
public emergency existing in the judg-
ment of the Legislature by reason
thereof, it shall be defense to an ac-
tlon for rent accruing under am agree
ment for premises occupied for dwell
ing purposes in cities that such rent is
unjust and unreasonable, and that the
agreement under which the same is
sought to be recovered is oppressive"
Other Eleven Bills
The other eleven bills are sum-
married. as follows:
l. When a landlord seeks to dis
possess or eject tenant on the ground
that he is Objectionable. the landlord
must prove his contention to the salts
faction of the court. The present law
permits landlord to dispossess on the
mere allegation of undesirability
,. The Ottinger law of 1918 re.
pealing the verbal contract lease of
one year is amended so as to provide
that where an agreement between land
lord and tenant does not specify the
tenure of occupancy, the tenant shall
remain in possession until the follow
ing October l.
3. The notice to quit, now limitcd
to twenty days, is extended to thirty
days.
A. In the case of holdover, where
there has been default in judgment
for non-payment of taxes or other
reasons on the part of the landlord,
the tenant may deposit his rent with
the clerk of the court, or the presiding
judge of justice.
D. Where precept is returnabIe
and issue is joined where the only ques-
ton is If the tenant shall be evicsed.
the court may determine the amount
OF rent due and determine the money
damages.
s. Repeats section 230 of the Real
Property Law. which grants to land
lords double penalty where a ten
ant holds over without the consent Of
the owner or lessee.
Mortgage Tax Abolished
z. Pending dispossess proceeding.
0PPAASotsoA 1Oi u stay may Dc W4QS
by tenant to a justice of the Muy
nicipal Court. The maximum stay
which may be granted is nine months.
1T the tenant can show that he tried
to obtain similar apartments at like
price in the same neighborhood it is
discretionary with the court as to the
length of stay to be granted. In the
case of profiteer, the full period, SEN
ator Walters explained, would be grant
IL
possess proceedings was the remodel
ing of the house or its razing. the
courts would be governed by the facts
presented and the conditions of the
emergency as to the length of time
which should be allowed
8. Creates a code provision harmonic
ing the dispossess proceedings with
the remedial legislation.
9. Permits that the same defenses a1.
lowed in summarv nroceedinra ,....