The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-26
TENANTS WIN
IN FIRST RENT
TRIAL BY JURY
IS Per Cent. Rise Asked by
Landlord Is Cut to
10 Per Cent.
OWNER FILES APPEAL
'Prejudiced Jury Threatens
Crisis in Real Estate
Business, He Says.
DURHAM CASE DELAYED
Long Island City Decision Is
Another Defeat for Higher
Rent Advocates.
OWNER FILES APPEAL
DURHAM CASE DELAYED

The first landlord-tenant controversy
tried before jury under the new rent
laws, which places the burden of proof
upon the landlord, ended yesterday In
victory for the tenants, although the
landlord was granted the right to in
crease his rent 10 per cent. Justice Harry
Robitzek OF the Municipal Court in The
Bronx opened the sealed verdict In
the case of David Shapiro against
Aaron J. Finkelstein and nineteen other
tenants Of 1902 Washington avenue. The
landlord, who asked S. per cent. in
crease, served notice of an appeal. say
ing that II the verdict of "a prejudiced
jury were allowed to stand the future
of realty In this city would be doomed.
When Mr.. Shapiro served notice of
the increase on his tenants they refused
to pay and deposited their rent each
month with the clerk of the Municipal
Court. They then asked Justice Robitzek
for trial by jury. The landlord testified
that the building was assessed at $4,000
on the lax books for 1921. and that he
had mortgage for $40, 900 on the prop
erty. He contended his income was
only s7,S75. while his expenses totalled
Ss,543. The case was tried Friday, and
the jury deliberated until Saturday
night, when they handed the sealed
verdict TO the court clerk. The jury
.
Shapiro to operate his property with a
reasonable return on his investment
Durham Case Continued.
The action OF the Durham Realty Cor
poration to force Justice Edward B. La
Fetra OF the City Court to show cause
for refusing TO issue precept in a dis
possess proceeding was continued yes
terday by Justice John b. McAvoy, in
the Supreme Court, to November 4. This
action Is contest of the constitution
atty of Section 942 of the Laws of 1920,
which suspends the right to bring hold
over proceedings. 1t also is contended
by the attorneys for the realty COM
pany, which Is member of the Real
Estate Board, that the section was not
passed by the Legislature in accord
ance with Section Is of Article III. OF
the State Constitution.
Another application for writ of man.
damus against Justice La Fetra was
made before Justice McAvoy by the
Briston Operating Company, which
seeks to dispossess tenant in the
apartment house at 10 West Seventeen
street. The hearing was put over until
Friday AS in the case of the Durham
Realty Corporation. Justice La Fetra
refused TO issue a precept TO the Brfs-
ton company because of the new rent
laws.
says Laws Are Unconstitutional.
The Briston company in it's applica-
ton states that David A. Levy, the
tenant they wish to dispossess, occu-
pied the premises for three years and
refused to surrender the apartment on
October l. The grounds upon which
the application is made are that the
new rent legislation violates both the
state and Federal constitutions and de-
prives the landlord of his property
without due process of law.
Five tenants of an apartment mouse
az 5sl First avenue, Long Island City,
scored a victory over the landlord. Jo-
seph Mersl, III an action tried before
Justice Edgar F. Hazelton in the First
District Municipal Court. Queens. II
was testified that the landlord wanted
to Increase the rents from so to So on
a property In which his equity Is SloovV
and which yields him, 1t was testified.
a net profit of $1.219. Justice Hazelton
held this profit was sufficient.