The New York herald., 1921-04-09
Lusk Committee Sugges-
tions Remove Grounds for
Attacking Validity.
PROVIDE FOR REFEREES
Harlem and Washington
Heights District to Have
Two Courts.
Special Despatch to THE New YosK HERALD.
New York Herald Bureau,

hlpusiyp hpEh o. J
Bills carrying out the recommenaa-
tions of the Lockwood Joint Legislative
Housing Committee were introduced In
the Senate this afternoon by Senator
Lockwood. They are amendments to the
rent laws to correct defects found In the
working out of those statutes Senator
Lockwood says they will neither weaken
the present statutes nor give grouno Tor
attacks on their constitutionality but are
designed to expedite trials and decisions
of cases. save time for litigants and the
courts and to ease up provisions which
have proved unnecessarily harsh.
Under the amendments tenants who
have paid three monhly insalments
of rent after the lease has commenced
cannot set up the defence that the rent
Is unjust. Some Of the courts have held
that II a tenant had paid the increased
rent at all he could not set up de-
fence. The bill gives the tenant sixty
days to find out what he should do.
As to Personal Service.
After tenant files his answer III a
disputed rent action and deposits the
rent at the old rate, the landlord must
file bill of particulars. That Is to
meet the situation where the tenant has
filed an answer but failed to pay the
rent In court. Confusion Is to be avoided
by cutting out of the law concerning rent
actions. the words against the occupant
of premises" The occupant of the house
Is frequently not the lessee or tenant.
Personal services of five day notice on a
tenant when a landlord seeks to dis
possess because of failure to answer the
complaint or deposit with the court the
old rent Is not to be required. The five
days notice may be left with person
OF proper age at the tenants residence.
Holdover tenants sued by landlords
for increased rent must pay into the
court whatever rent Is due at the old
rate. which the clerk will pay to the
landlord on demand. The tenant may,
thereafter, If the case is delayed, pay
the old rent from month to month to
the landlord without prejudicing his
case. A new tenant who contests the
reasonableness of the rent must pay the
amount due according to the agreement
The court may then order such proper
ton of the deposit as seems just paid
to the landlord and the balance is held
until the case is decided. That relieves
a hardship on landlords who need the
money for interest. taxes and other ex-
penses, because of the hundreds of thou
SANDS of dollars paid into court by ten
ants and held for final determination OF
the cases
One Of the amendments prevents land
lords ana tenants from bringing the
same action month after month. 1t
requires that new state Of facts must
be shown or the first adjudication holds
It's purpose Is to prevent the clogging
up or the courts
Actions for rent shall be brought In
the county where the premises are To-
Gated and IL in municipal court In
the district where the premises are
located.
Notice of Renewal.
In the case of a holdover tenant the
landlord 10 required to give the tenant
four month"; notice of a willingness to
renew at the same rent the tenant has
been paying. The tenant then has to
within thirty days of the end of the
lease to determine whether to move or
remain at the old rent. The tenant must
vacate il he fails to take advantage of
the offer.
In order to expedite rent cases the APP
pellate Division of the First Department
may appoint fifteen referees in Munich
pal Court, and the Appellate Division of
the Second Department ten referees. who
are to hold Office until November /,