Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-06-10
LANDLORD-TENANT
TANGLE WILL TAKE
LONG TO UNRAVEL
U. S. Supreme Court to Make
Final Decision on
Recovering.

Washington landlords. and, tenants
who have become involved In disputes
over rents and questions of possession
are caught in a pretty legal tangle
which will take months to unravel.
| The United States Supreme Court.
which must make final decision on
the constitutionality of the Ball rent
law, causing this tangle. is in recess
1t convenes in October.
In the meantime, Washington is
going to witness a rent commission.
created by the Ball law, functioning
as tribunal in the rent disputes and
handing down its decisions.
At the same time, Municipal
Court, basing it's decisions on a ruling
by the District Court of Appeals which
declared the Ball rent law unconsti-
recognize the rent commission as a
tribunal. and decisions rendered in
cases tried before the. commission
will bear no weight with the
Municipal Court.
Victory for Landlord.
The result is victory for the land
lord at present, with the tenants sole
hopes resting on appeals to the
United States Supreme Court and in
writ of error appeal now pending before
the District Court of Appeals.
The Ball rent law declares that
courts of appeal viii decide questions
of law relating to its enforcement.
The District Court of Appeals has de-
cided the first question of law brought
before it, and killed the law, SO Tar
as it's present enforcement by Dis
trict courts is concerned.
The result is simple to forecast. ac-
cording to Washington attorneys
lnNr A fhra M Al hfY in
a case against his landlord before the
rent commission. alleging his rents
are too high. or disputing the land
lords right to evict him.
The rent commission may try the
case and in its determination concur
with the tenant, and decide that the
rent should be lowered. or that he
NAV remain on the property. The
first step. naturally. on the part of
the landlord. will be to take the case
to the Municipal Court.
Heretofore this court has considered
in its findings the determinations
handed down by the rent commission
Since the ruling by the Court of APP
peals. declaring the Ball act uncon-
stitutional, the rent commission and
its findings have been ignored by all
District courts
Cases to Be Retired.
The cases are to be tried again on
rent commission introduced as evil
dence. Arguments on the part of the
tenant based on the Ball law. are
considered groundless. 1t has been
because of the Ball law that many re-
ductions in rentals have been ordered.
The rent commission, in a statement
TODAY. says that it will continue to
transact business until the Supreme
Court of the United States passes on
the constitutionality of the Ball rent
act. The rent commission. the state
ment continues, believes that it is
legally exercising powers conferred
upon it by the specific act of Congress.
In this belief, the statement reads,
the commission believes it is sustained
by the opinion of Chief Justice
Smyth of the District of Columbia
Court of Appeals, who dissented from
the opinion of his associates as to the
Of the Ball rent act.
Commixsionerx' Plea.
The commissioners. in the mean
time, have entered a plea for a writ
of error in the District Court of
and have advised tenants.
awaiting action on this writ. to appeal
their cases to the United States Su-
preme Court.
There are number of actions land
lords may take under existing condi-
tions. They may appeal for An in
junction prohibiting the rent COM
mission from acting in its present ca
paoity They also may enter suit for
a taxpayers Injunction, which. IL
granted, would allow them to cease
business entirely until the constitu-
of the Ball rent law has been
decided in the United States Supreme
Court. This action might follow or
ders for increased rentals by the rent
The members of the rent
il is alleged, also expose
themselves to suits for personal dam
ages instigatedNby landlords. If they
take any further action in ordering
thcir decisions carried out. :.