Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-06-29
RENT COMMISSION.
SHOWS RECEIPT Of
FIVE CASESb Daily
Business Keeps Up DESPITE:
Court Ruling Against Ball
Law Is Claim.

An average of five rental cases
day are being received by the Dis
trict rent commission, in contradic-
ton of the prevalent belief that the
commission will soon cease to func-
ton in view Of the decision Of the
District Court of Appeals declaring
the Ball rent act Unconstitutional.
Officials pointed out today that
while the number of petitions for
rental adjustment has remained prac-
tically stationary, possession cases
have become fewer in number. Evic-
tion Proceedings are being Instituted
by landlords in the Municipal Court
rather than with the commission;
The falling off in rental cases filed
before the commission has been due
in the main to fear by tenants that
persons owning the premises in which
they reside will appeal to the Mu-
nicipa1 Court for possession of their
properties. it was declared today by
Daniel F. Roper, jr-, secretary.
Courts Overwhelmed.
The situation in the local courts
has taken on a serious aspect because
of the influx of petitions and appeals
growing out of the tangled processes
in landlord and tenant cases occa-
stoned by the decision of the Court OF
Appeals.
According to a statement made
public by Charles N. Joyce. the docket
OF the District Supreme Court is
clogged with cases in which owners
are trying to get possession of their
homes for their own use, and in
which tenants are appealing, in the
hope that they can retain possession
of these houses with a lower rental
than they would have to pay for other
premises
In the statement Mr. Joyce ex-
planned that tenants without any
merit in their claims for possession
feel that they can afford to pay coun-
sci ana also the costs of the suits and
save money by keeping the owners
cut of their homes.
Says Conclusion Is Wrong.
'.They are. wrong in this conclu-
tion," said Mr.. Joyce. After judg-
nient Is secured in. the Municipal
Court. the defendant, in order to app
peak is required to give bond to pay
the owner compensation for the occu-
pancy OF the house and for any dam
age they may have done to the prop
'The Court of Appeals has decided
that the rental rate under former
lease has nothing to do with the case.
Therefore the owner, under the law,
has right to judgment for the rental
value of the house as fixed at this
time by demand and supply.
Owners who are kept out of their
homes by the dilatory tactics of ten
ants have q right to rent house of
like character and location as that
from which they are deprived. and
under the law they are bound to get
quired to- pay for such a house. 1t
they. wsfe to receive less they would
not be receiving compensation as pro-
videa bJ law.
Cites Case as Example.
'Thefe Is case now pending in the
Supreme Court where the rental under
the lease was $3.50 per month. but
month as compensation because he Is
Unable to rent q house Of like charac-
tef and location for less than $500. If
he succeeds in establishing this fact
under the law he is entitled to judg-
ment Of q hundred dollars per month
for all the period during which he Is
kept out Of his house.
feel that IL tenants were properly
Instructed in the law before entering
appeals there would be fewer appeals
taken"
Seven petitions requesting the rent
commission to determine q fair rental
for premises involved, together with
four appeals for possession, are set for
hearing tomorrow. Ten rental cases
are scheduled to be heard today.
Gases Set for Tomorrow.
Cases on the docket for tomorrow at
10 am. are: F. l. Jewell agt Alonzo
o. Bliss properties. rental for apart
fnent 81. Dorchester. 18th street and
Maryland avenue southwest; Joseph T.
LaSalle and Clara M. LaSalle agt. Mrs.
Esther Cooper. possession of as A
street northeast; Martha L. Harvey agt
Philip J. Roache, possession of 40 Ken
lucky avenue southeast; Leo Thounissen
agt. Mr.. and Mrs. Paul Heidcke, rental
for 1886 Columbia road, apartment 2 !;
Irwin M. Wright agt A. F. Fox Com
pany, agents, rental for apartment II.
AS N street northwest; John j. Kelly
act. Lieberman & Hawn, rental for
apartment Is. the Wood 21s T street
northeast Virginia E. Hughes agt. Will
liam w. Brooks. possession of 1923 sth
street northwest; D. B. Baskerville agt
Gasch & Bifge, agents. rental for 716
18th street northeast; Susan E. Albert
agt. Eugene c. Grown, rental for 254S
University place northwest; DR.. Maurice
q. Miller agt Richard N. Holmes. rental
for apartment. the Cheltenham. 1895 U
street northwest Fred Beall agt. Frank
?. .Norten. possession of II U street
northwest.