Evening star. [volume] (Washington, D.C.) 1854-1972, 1921-04-19
MUNICIPAL COURT
REFERS CASE To
RENT COMMISSION
Judge Terrell Takes Official
Notice of Decision Uphold
ing Ball Act.
MANY TENANTS EXPECTED
TO SUE FOR RECOVERY
Legal Opinion Differs as to Collec'
ton of Penalties and Enforce
ment of Law.

| Judge Robert II. Terrell of the Mu-
nicipal Court who is hearing the land
! lord and tenant cases. today took ju-
| dicial notice of the Supreme Court
! decision upholdins the validity of the
! Ball rent act On motion of Attorney
| Bertrand Emerson, jr.. for the ten
ant. the court referred a possession
case to the rent commission.
| David z. Buckingham had sought to
and 21l6 14th street northwest, and
! when the case came up for hearing
today Attorney Emerson filed plea
to the jurisdiction of the Municipal
Court. pointing out that the Ball rent
law is in full effect and all contro-
versies hereunder must first be pass
ed on by the rent commission.
Rights of Tenant Discussed.
How does the decision of the United
States Supreme Court affect the ten
ant who has been required to pay ad-
ditional rental to retain possession?
Can he recover the excess payment,
and where shall he begin the neces-
sary legal proceedings?
Attorney George f. Edelin, who.
with Capt. julius I. Peyser. repre-
scnted a number of tenants before the
rent commission and in the courts to-
day expressed the opinion that excess
payments Of rent may be recovered
under the Ball act only by those ten
ants who submitted their cases to the
rent commission and there obtained a
determination in their favor. The re-
covery is to date back to the time of
the fling of the complaint.
If the tenant paid the increased de-
mand even under protest and did not
allhplif tho the
mission, the lawyer said. he may not
recover under the act. The law pro-
vides he pointed out. that where ex-
cess payment has been collected after
Il determination by the rent commits
sion. the tenant may ask the rent
commission in his name TO bring suit
in the Municipal Court for double the
amount of the excess. to which shall
be added an attorneys fee of $50.
Decision Against Landlord.
AS the Ball act makes the finding Of
fact by the commission final and pro-
vides an appeal to the Court of APP
peals on question Of law only, il
would seem. the lawyer suggested,
that the Municipal Court would esbe
bound to render . decision ag4ife6 6fasx,
landlord for the amount asked for in
the tenants suit.
OF the amount recovered under the
law the tenant gets only the excess
rental paid by him. The other por-
zion goes into the United States
Treasury.
If the amount of excess is beyond
$3.50 it may be necessary. it was sLg-
gested. for the tenant to wait until
June l TO begin his proceedings for
recovery. The law makes the Mu-
nicipal Court the only tribunal cog
infant of violations under it, and the
maximum Jurisdiction of that tribu-
nal is now fixed at $500. and doubt is
n<l !,
to recover $500, which. doubled. would
exceed the courts jurisdiction, may
be maintained there. June the juris-
diction of the court is raised to $1,000.
which would permit Of suits UP to
500 excess rentals being heard
Increased Rents Question.
Tenants whose rents were increased
by the rent commission and who sue
ceeded in retaining possession by ap-
pealing from a judgment of the Munich
ton he thought. would be up to. the
the decision of yesterday will not help
them The determination of the rent
commission in favor of the landlord also
dates back to the time CT filing of COM
plant and the landlord may recover pos
session. 1t is claimed. unless the tenant
settles the arrearage. by bringing pro-
ceedings in a court for non-payment of
rent.
Mr.. Edclin was not willing to express
an opinion on how the penal section of
the act for Haunting the determination
of the rent commission is to be enforced
The commission itself is given no power
Of enforcing any of it's rulings or punish
ing any violations of the act. The ques-
ton he thought would be up to the
United States attorney or corporation
counsel
Tenants Bexicge Rent board.
Aroused by the prospect of obtain
ing large refunds of money paid by
them in excess of rentals fixed under
the Ball act, scores of tenants today
besieged the Offices Of the District
Rent Commission in the Hoe building,
to learn what proceedings to take
against their landlords.
A sudden increase in number of
seek to benefit by the sustained au
thority of the commission was noted
by the small force of employees 1t
was estimated that the days total of
rental petitions filed would reach |
age for the past month or SO, when !
the constitutionality of the Ball act !
was in doubt.
The rent commissioners are planning |
what steps may be necessary in the !
way of securing additional office and
legal help to accommodate the flood
OF work expected to present itself as |
a result of the courts action. 1t is
expected that the White House will /
soon appoint a new commiss ioner to |
fill the, vacancy left by Capt. Oysters !
transfer to the board of District Com |
misioners.
About 5000 Rents Fixed.
The commission has no way of find i
ing how many landlords have refused !,
to abide by the decisions of the rent !
except as tenants apply !
for court action to secure refunded !
excess rent. Commissioner Sinclair /