New-York tribune., 1922-12-31
Lessee Must Make
Repairs if His
Lease Says So
Court Rules Orders of City
Departments Are To BE
Satisfied by Tenant if Con.
tract Covers This Point

When a lessee agrees 90 comply with
municipal or Federal requirements he
must carry out this agreement even
Though 10 may entail expensive con-
structural work. n tie tenant refuses,
.hcn II is the duty Of the owner of tho
premises 10 satisfy the orders placed
against the property and collect from
thc tenant This is the decision Of The
Court OF Appeals in an action between
tho United States Trust Company and
Blake, growing out Of orders given
by the city departments, which re-
ouired structural changes which The
tenant held should he made by the
owners Of the property. Feeling % ne
did. the city department orders were
ignored.
The court held that the tenants
should have made the changes under q
lease covenant binding the lesses' o.
his own expense, fully 60 perform and
satisfy ali municipal and Federal
regulations. laws and ordinances and
ali requirements OF municipal depart
ments. bureaus and Offices relating 90
and affecting the demised premises
and that the lessee or his assignee,
upon notice of the requirements must
comply with such OF them rs are Faila'
even IL compliance involves the max
ing OF costly structural changes. In
case the lessee or assignee after such
notice refuses or neglects 70 comply
the landlord may do the required work
and recover tho cost thereof IN an ac-
tion against tho lessee or his assignee
OF the orders In controversy IN the
Blake case two were issued by the
Fire Commissioner, requiring the In
stallstion OF an interior fre-eiarm sys-
tenn in the dcmised premises, hotel
and the Areprofng Of specified doors
and windows, the provision OF con
Meeting balcony between two fire es-
eapes and the installation OF an addi-
tional standpipe system.
All these requirements were sus-
tained by tho Court Of Appeals as duly
authorized By law or ordinance. except
the one relating 70 tho fire escape
which the court held 10 be Invalid, as
IL involves a subject not within the
Jurisdiction Of the Fire Commissioner
Gre escapes being under the exclusive
control Of the Superintendent OF Build
ings, as provided In the building code.
The third order. issued by the Com
missioner Of Water Supply, Gas and
Electricity, requiring repairs 20 the
/ electrical equipment OF the demised
premises, was challenged By the lessee,
who contended that it was Invalid in
that the signature was not personally
made by the Commissioner but was a
rubber stamp reproduction Of his sig-
nature, affixed by ono of his subord
mates. This contention the court held
/ 20 be untenable. and the order for the
required electrical repairs was accord
/ inrly affirmed.
According TO the Real Estate Board
Of New York, hundreds OF orders CON
tanning requirements similar 20 those
adIudicated IN the Blake ease have been
| held in abeyance awaiting its final de-
cislon. Doubtless. immediate steps viii
I be taken By the municipal authorities
10 enforce all such orders; but fortu-
nately for many property owners. ihey
are in position, under tho decision OF
the Court Of Appeals, 90 require reim-
bursement OF the cost Of complying
Herewith from their tenants.