New-York tribune., 1920-09-28
Hily Advises Tenants
Whose Leases Expire
Oct. I TO Sit Tight and
Pay at Their Old Rate
jury Alone Can
Order. an Increase
Burden of Proof i'm All
Cases for Dispossession
Rests With Landlord

Moving day, scheduled for next
Friday, has been abolished by the
new rent laws signed yesterday at
Albany by Governor Smith. Evic-
tion notices which would have forced
$4,000 families from their homes
within the next ten days are nulli-
fed, according to an announcement
made yesterday by Arthur w. J.
Hilly, chairman of the Mayors Com
mittee on Rent Profiteering. Mr..
Hilly said that under the provisions
Of the new laws every October / and
May l until after November, 1922,
will be almost free from confusion
incident to moving.
Here are the rights Of tenants
under the new laws, as outlined by
Mr.. Hilly:
IF you have received dispossess
notice effective October / or any
other time don't pay any attention
to 1t. The law has rendered it in~
valid.
Is Per Cent Increase Abolis ned
"If your lease expires on October
and you have not made a new
lease offer your landlord the same
rent for October that you paid for
September. If your landlord re-
fuses IL just sit tight. On Novem-
Der you will probably receive .
summons to appear In court. You
must file an answer TO the complaint
within five days.
give days after that the landlord
must file a verified bill of particulars,
showing on what ground he demands
higher rent, and giving full details az
to his investment, cost Of maintenance,
etc. The court then decides On the
fairness and reasonableness of your
rent. The 25 per cent increase per-
mitted under the old law has been
abolished. The increase allowed by the
court, if any, will be estimated upon
the courts idea of the fairness. While
the case is pending, the tenant may de-
posit with the clerk of the court the
amount of the September rent. Either
side, after the courts decision, may
appeal the case.
"If your landlord claims he wants
you to vacate so that he himself may
occupy the premises, he must .how in
court that his intention is bona fde
II you have lease you are not affected
by such plea.
"If the landlord wants you 20 vacate
on the plea that he intends to tear
down the building and erect new one,
he must prove such is his intention by
filing building plans.
The Burden OF Proof
"If the landlord wants you to vacate
on the ground that you are objecton-
able, the burden of proof is on him.
IF you are asked to vacate an apart
ment building sold on the cooperative
plan on the ground that the purchaser
of your apartment wants to occupy it
himself, proof must be shown"
Heads Of more than 1000 families
crowded the committees rooms in ths
Municipal Building yesterday to OBJ
tain light as to the rights of tenants
under the new laws. Mr.. Hilly said
the committee would continue to give
its advice to families who had been
threatened with eviction.
ut seems to me that the laws are
comprehensive enough to give great
relief in this crisis" he said. @Only
those people will move on October /
hereafter who do SO voluntarily and
who have made preparations for it.
The abolition Of moving days until
after November, 1922, is in itself a
great achievement. Thousands Of
families will now breathe more freely.
"Of course, every one Knows that
the only solution 60. the housing short
age is more houses. would have been
glad to have seen the Legislature pass
Mayor Hylan's proposed measures for
building program, giving the city
power to issue bonds for building purs
poses.
SIT has been said that some jokers
are contained in the new laws. There
are clauses which some people might
constfue as jokers, but they will have
to stretch a point to do ie"
Justices 20 Meet
At the office Of Aaron J. Leri, presi-
dent of the Board of Municipal Court
Justices. it was said that tho board
probably will meet within few days
to formulate uniform methods # pro-
cedure under the new laws.
Landlords who appeared iIMthe Bronx
courts yesterday to obtain dispossess
warrants against tenants received sum-
mary treatment by the Municipal Court
justices. Justice Morris fatty denied
the petitions of twenty landlords. when
they complained that the new rent laws
ad not been signed by Governor Smith,
the court intimated that it would ad-
journ the cases until the Governor had
signed.
II won't issue a single warrant in
any Of the 5000 cases in which ! have
given stays said Justice Morris, "nor
will ever Intentionally break up any
ones home to satisfy the avsrieious.
ness Of landlords"
Senator Charles C. Lockwood. chair
man Of the Joint Legislative COMMITTEES
on Housing, which will meet at the City
Hall later in the week to investigate
charges Of prositeering in the building
material Industries, expects to-day to
make public his analysis Of the new
rent laws.
Mr.. Lockwood, In q statement issued