New-York tribune., 1921-05-01
|,enera IL Exodus
enants Nav
Day Is Unlikely
Counsel % Mayors Conn
nnittee ON Rent Profitecr-
& Ing Announces Forced
Moving Ii Thing Of Past
Emergency Law in Effect
Land dlords Must Show the
Courts Demand for In
crease Is Fair and just

NzU&4EtS DG1kl8MO AOE AAAs
crease is Fair and just
There will be no general exodus of
tenants from one dwelling to another
that landlords generally have demand
ed increases Of rents. This fact was !
definitely established yesterday, after
an investigation into the situation. 1t
also will hold true in the cases of those |
tenants who already have received no.
tice Of increases in rent to take effect
October / next.
Landlords may demand increases of
rents, but they can obtain them. ac-
cofdine to Junius Pendleton Wilson,
chief counsel to the Mayors Committee
on Rent Proiteering, only on the fol
lowing grounds:
depce to the court that the demand IS
Just, fair and reasonable, and, second,
through 3 compromise mutually agree
able to the tenant and the landlord.
The emergency rent laws are still in
full effect, and have not been material-
" changed by any recent court deci-
sion or amendment by the Legislature.
1t is still impossible. for landlord to
bring an action for the recovery of his
premises, excepting on these four
grounds:
First-That the tenant is objection
able. :.
Second-That the landlord, in good
faith, desires the premises for his own
immediate occupancy.
Third-That the landlord Intends to
demolish the property and construct .
rev building on the ground. In this
case plans for the new building must
be fled with the proper authorities.
FourthThat the premises have been
acquired by cooperative corporation
and, are required for the occupancy OF
all the stockholders.
Housing Situation Improved
An Investigation Of the housing stu
alton shows steady and marked I'M
provenent since the first Of the year.
THIS has been the result of many
causes, including the decision Of the
United States Supreme Court in up
holding the constitutionality of the
emergency rent laws, the drop in price
of housing materials and the new con-
struction that is progressing.
In connection with the drop in COM
modify prices, a chart showing the rise
and fall Of these prices has been COM
pleted by Monks & johnson, architects.
Of this city. The chart is drawn from
figures compiled by the United States
Department of Labor. It shows vividly
that all costs advanced with startling
rapidity at the very moment the gov
ernment re1inquished control OF indus
tries in 1919 and reached the peak
about April, 1920.
Building materials took the sharp
est and highest rise Of all commodi'
ties. BY April, 1920, the general price
Of building materials had advanced tt
22O per cent above the 1914 figures
The chart shows that they have since
receded, and now stand 110 per cent
above the normal prices of 1914.
The cost of completed buildings !:
the next highest on the list. although
this too shows a sudden drop since
April, 1920. On that date the cost o:
dwellings ready for occupancy stoot
400 per cent above the 1914 level, bu
has since receded to 90 per cent abov'
normal.
Labor is shown to be the commodit.
which advanced least of all. At it
peak the wages of building trades EN-
ployees were only 81 per cent above tn
1914 figures, and at the present TIM
they stand at 60 per cent above normal
Anomaly in Rent Situation
IN connection with the rent situa
ton curious anomaly exists in tn
citv. In Manhattan and the Bronx, a
q result of decisions by the Appellat
Term of the Supreme Court, it is no
necessary, for q landlord of tenemen
house to give a thirty-day notice i
writing when demanding an increase i
rent. In Brooklyn, Queens and Rich
mond such written notice is necessary.
Junius Pendleton Wilson, chief coun
sci to the Mayors Committee on Rem
Profiteering, who has aided in the set
tlement Of more than $4,000 tenant an
landlord cases, in q special review .
the situation for The New York Trib
une. said:
"This city has been flooded with no
tices from landlords to tenants In
creasiDg the rent to begin as of May
aThis does not mean. of course, tha
the tenant will be compelled to pay a
increase Of rent; but does mean, how
ever. that the landlord will have
right to have a fair and reasonabl
value of the premises determined. an
upon that valuation the tenant, 1t h
intends to hold over and remain as
occupant of the premises, will be con
pelled to pay such fair and reasonabl
rental as may be fixed, either by juy
or BY the court sitting without q jur.
"If the renter is monthly tenan
the rent can be raised every thirt
DAYS if there be justification thereto
IS In this connection a good deal {
trouble has been caused, because, here
tofCre, landlords on snort notice nav
advised tenants of an increase to begi
few days before the end of tn
month.
Burden Of Proof on Landlord
Gone Of the dispositions of the M,
nicipAl Court in passing upon tn
question held that q thirty-day notie
IN writing of an increase to q tenar
was necessary in order to entltle th
landlord to claim the raise for til
coming month. This justice was si
ting jn the First Department. An al
peal was taken and his ruling was r,
verscd, SO that we have an anomaly
the city at the present time. For e,
ample, in the, First Department. 7
thirty-day notice Of increase is no
required, while in the Second Depar
ment, covering Kings, Queens and Ricl
monds thirty day notice seems to
still insisted upon and required.
"The law specifically states, howeve
that. any increase at the present tim
no matter how small it may be,
looked upon as prima facie unjust, vi
reasonable and oppressive, and the bu
den Of proof is upon the landlord ,
show the necessity for any increas
This, OF course, does away with the o.
law that landlord was entitled to q
increase Of 25 per cent.