New-York tribune., 1921-04-09
Five Bills to
Halt Landlords
Rent Law War
Lockwood Introduces the
Measures as Amendments
to Prevent Attacks on
the Existing Statutes
To Stop Court Congestion
Would End Harassing of
Tenants by Monthly Suits
Based on Identical Facts

ALBANY. April s.-Anticirating an
other attempt on the part of the
prohteering landlords to try to have the
rent profiteering laws declare uncorsti-
.ut;onal, Senator Charles C. Lockwood.
m behalf of the Lockwood committee.
to-day introduced five new bills amend
ING the laws passed at the special scs-
,ion Of the Legislature last September.
The amendments make no funda-
mental changes in the rent laws. All
that the legislation contemplates, as
explained by Senator Lockwood, is to
clear up doubtful points, save the time
Of tenants, landlords and the courts.
EXPEDITE the trial and decision of cases.
correct provisions which proved un-
necessarily harsh in their administra-
ton and prevent, so far as possible, a
renewal of the attack on the laws upon
constitutional grounds.
To Appoint Referees
One of the bills provides for the ap
pointment OF fifteen referees by the
Appellate Division of the First Depart
ment and ten by the Second Depart
ment. This was found necessary be-
cause Of the unprecedented number of
untried cases now pending before the
municipal courts. The referees must
be Of ten years experience before the
bar and shall receive S25 day, and
may engage q stenographer at $40
day. They shall hold Office until No
vember l. 1922, when the rent laws
cease to operate, unless sooner re-
moved.
Another bill amends the section of
the law defining defenses in actions for
rent. There are eight amendments to
this section.
Senator Lockwood, in explaining these
amendments, said tonight:
The first amendment provides that
a tenant who paid three monthly in
stallments Of rent which have accured
after the term has commenced cannot
then set up the defense that the rent
is unjust. Some courts held that if a
tenant had paid an increased rent he
could not then have advantage of the
defense. This amendment makes it
plain that the defense can be inter
posed until three monthly payments
have been made.
"rhe second amendment nrovides
that when the tenant files his answer
and deposits the rent at the old rate
the landlord must then file the bill of
particulars. 1t was found that manv
tenants filed answers, but failed to nav
the rent in courts. This amendment
Will save much time and trouble to
clerks Of courts and to owners.
Inc third amendment is to avoid
possible but technical defense. The
present law reads: If in an action
against the occupant Of premises for
rent and for the rental value Of the
ouse Or occupation thereof
This is amended to read: IF In an
action for rent or for the rental value
OF the use or occupation of prem
Would Prevent Confusion
The reason for striking out against
the occupant of premises is to prevent
confusion.
The fourth amendment refers to
cases where tenants had been person
any served with summons and have
Jailed to answer or deposit the old rent
IN court In order to dispossess such
stenant under the present law he must
De personally served with a five days'
notice of the entry of judgment. I'm
Ger the new amendment this five davs'
notice of the entry of judgment may
De served by leaving it with a person
OF proper age at the tenants residence.
The fifth amendment relates to the
payment of rent into court and nav
ment to the landlord. By this amend
ment the procedure will be as follows:
II the tenant is holdover and the
.sndiord sues for an increased rent the
tenant must pay into the court what
ever rent IS due at the old, or former.
late, which the clerk will pay to the
landlord on demand. Thereafter. if the
trlal is delayed, the tenant will pav the
oid or former rent to the landlord
monthly on demand The landlord
wnen ne makes the demand must ten
qer to the tenant receipt for the rent
regardless of any terms, stipulation