New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-07-23
Tenants Suits
Threatening to
Flood Courts
Vague Laws Will Cause
Great Confusion When
Landlords Demand Big
Increases ON October /
Special Session Urged
Oppenheim Tells Commit
tee IS Per Cent Stat
ute Must Be Amended

Confusion will prevail on October 1
in the municipal courts where rent
cases are tried and Oppressive, brutal
and unjustifable" rent increases will
be demanded by landlords unless a
special session of the Legislature is
called to amend present rent laws, ac-
cording to Robert Oppenheim, a Re-
publican leader in the 18th Assembly
the Legislative Committee on Housing.
Mr.. Oppenheim declared that in his
district alone three justices will be
called upon to handle 10000 rent dis
putes which will result from the vague
ness of the present laws, He asserted
that the laws should be amended so
that landlords could not attempt to
increase rents % per cent every year
Several municipal court justices tcs-
titled that the ambiguity of the laws
caused varying interpretations, so that
tenant in one court might fare diff
ferently than a tenant in another.
The question of requesting Governor
Smith to call a special session was post
poned until a later hearing of the COM
mittee to be called by Senator Charles
G. Lockwood, the chairman.
Expects Brutal Increases"
"a special session will be necessary
to avoid the most oppressive, brutal and
unjustifiable rent increases in Oc-
tober," said Mr.. Oppenhelm. "When
the Legislature passed the present rent
laws in March, it had in mind the fact
that landlords for two prior years had
increased rents in jumps and bounds
from 20 to over 100 per cent. 1t set
forth that where rents had been in
creased more than 25 per cent since
April, 1919, it was to be considered op-
presslve, but the language of the
statute Is so vague that all OF the
justices do not interpret the law in the
same way.
"The justices have ruled that the in
crease III rent must be measured bv
the rent paid by the tenant for one
year preceding; that is, that the land
lord may increase 25 per cent every
year Another rule is that the burden
OF proof to show the unreasonableness
of rent is put on the tenant This in
depreciation absolutely is not what the
Legislature intended. The law should
be amended. specifically placing the
burden of proof on the landlord and
fixing April. 1918, as the date FROM
which all increases shall be measured.
Laws Wrongly Construed
"Under present interpretations the
LANDLORDS are entitled to an increase
OF 70 per cent every year, and q great
calamity win arise in this city on the
hrst OF October, when present yearly
leases expire, if the landlords are
again permitted to increase their ten
ants - per cent and the burden of
proving the unreasonablenes of such
increase IS placed on the tenant. In
so per cent Of the apartments where
leases expire on October the rent
was increased between % and rs Dor
cent en- the first OF October. 1919.
When there was no law limiting the in
crease. The landlords arc now writ
ing 10 tenants that they will renew
leases upon the legal basis of % per
cent above what they paid on October
y l'49. SUch increases are absolutely
contrary to the intent of the Lepisla-
turo and should be avoided b. amend
ing the law
justice Timothy A. Leary, who has
Irico many rent cases, testified that as
I'ot huch building was going on. tho
problem OF housing would continne
lie declared he did not think a suociai
session OF the Legislature was nccas.
sNy AT present a landlord has the
ilGhS to GUST tenant after the latter
mas haG Years notice, he said.
Favors Longer Stay Period
II believe that the one-yaar's stav ON
evctions Win have to be extendedp he
Sald. II would not care to decide right
nov whether the stay period should be
indefnite'
Justice Charles J. Carroll said he
thought gradual stay could be
worked out so that a tenant threat
ened with eviction might be given fur
ther hearings. Max Arnheim, of $50
East l6lst Street, who said he had been
lighting for tenants for four years, de-
clared the number of municipal courts
was inadequate.
E. P. Doyle, secretary of the Real
Estate Board, presented statement
showing that the building of one and
two family houses was increasing.
Courtroom Space Boosted
The Commissioners of the Sinking
Fund were Informed by the Enigrant
Industrial Savings Bank, 81 Chambers
/ Street, yesterday that the space in the
building now occupied by the justices
of the Supreme Court and the Judge
Of the Court of Appeals, after May !
next year, will be 100000 year foI
/ q tn1Dc-Ve9r ease. The present rent
is SAT ,418.40. The subject was referred
to the Comptroller.
ALBANY July Governor Smith
said to-day that he would give "se-
wous consider; ton TO request by
Mayor Hylan of New York City that he
call special session Of the Legislature
to take action on legislation designed
to enable New York City to operate {