The New York herald., 1921-10-30

The Brooklyn Real Estate Board has
issued synopsis OF the April amend
ments to the rent laws, prepared BY
Maurice J. Moore. counsel to the board.
The amendments have brought about
material changes in the original laws.
and the Brooklyn board believes they are
OF Importance to all property owners.
Mr.. Moore's review of the amendments
follows:
Chapter 165-.Defning district In
which action must DO brought to re-
cover possession Of property
This act became effective April g.
1921. and amends the Municipal Court
act by providing that actions for or to
recover possession In the Municipal
Court must be brought in the district
where the premises affected are situated.
Chapter 29S-Amending the penal law
In relation to discrimination in leasing
apartments. This act became effective
April 21. 1921. and makes 1t a misde-
meanor to refuse to rent an apartment,
dwelling place, &C., to any person solely
on the ground that such person or fam
lily has or have child or children.
Chapter s67-Amending civil prac-
tice act in actions to recover real prop
erty. This is an amendment to the civil
practice act and becomes effective Oc-
tober 1. 1921. This chapter continues
the prohibition now In force against
ejectnent proceeding under chapter 947
OF the laws of 1920, which limits eject
ment actions affecting dwellings in cases
where the tenant holding over Is objec-
tionablc or the owner seeks the premises
for his own occupancy or seeks to re-
cover in order to demolish, &c. Chapter
367 also adds two important features,
viz: First. It limits to landlord and
Nf Aif
nlent action. Second. 1t provides that
ejectment. actions may be brought to
recover premises constituting a part of a
building where the same has been sold
in good faith to a corporation formed
Under cooperative ownership plan.
Chapter 371. Amending civil practice
act in relation to summary proceedings
to recover real property. This chapter
becomes effective October /, 1921, and
makes all of the provisions OF Chapter
1875 Of laws of 1920, as amended by
chapter "a Of 1921. printed herein, ap-
plicable to summary proceedings as far
as they are applicable, etc.
Chapter 374. Amending Code OF Civil
Procedure in summary proceedings.
This chapter became law April 80,
1921. Under one OF tho original rent
laws (chapter 139, laws OF 1900, In a
summary pTOCccuiN6 LILO idhoaVto "oo
required to plead and prove that the
rent had not been increased more than
25 per cent. Then, chapter 945 OF 1920
was passed and eliminated this provi-
sion, but provided that IL the tenant set
UP the defence that the rent was un-
reasonable, ETC., the landlord had to file
bill of particulars. Under this act
(chapter S74 OF 1920 the provisions OF
chapter 434, as to deposit. bill OF par
ticulars, etc. shall apply to summary
proceeding In so far as they are ap-
plicable and in so far as they are con-
sistent. Under the 1920 laws this act
does not apply to new buildings in
course of construction September ~,
1920.
Chapter 434. An action relating to
defence for rent. This law became ef-
fective April 80, 1921. 1t amends chap
ter 1876 Of the laws of 1920 as amended
by chapter 944 Of the laws Of 1920.
The important amendments effected by
this act are:
1. The defence that "the rent Is un-
lust and unreasonable, and that the
agreement under which 1t is sought to
be recovered is oppressive" shall not DC
allowed IL it appears that the defendant
pursuant to the terms Of such agree
ment has paid after the commencement
of the term and after April 80, 1921
three successive monthly fnstalments OF
rent under such agreement.
2. If, in an action for rent or rentai
value, the issue Of the fairness or rea-
sonableness Of the rent is raised tne