The New York herald., 1922-05-28
WRITES OUTLINE OF
LATEST RENT LAWS
Counsel for Brooklyn Board
Prepares Synopsis Of Acts
Of Last Legislature.

special synopsis OF the rent and tax
exemption laws which we're passed at
the last session Of the Legislature has
been prepared for the members OF the
Brooklyn Real Estate Board by Maurice
J. Moore. counsel to the board Mr..
Moore takes the subject up by chapters
as follows:
Chapter 6eS. This chapter extends the
rent laws to February Is, 1924
Chapter 664. providing that thirty
days notice of increase OF rent must be
given defining the presumptive value OF
property for determining a fair rental
value regulating deposits where rent Is
in controversy and providing for costs)
The principal new features or changes
effected are:
III tenant under an agreement CORAL
or written) for one year or more has
paid after April 80. 1921. three monthly
installments in successive months under
the agreement. the defense that the rent
Is unjust &C." shall not be allowed.
but on the expiration OF the term the
| tenant may plead such defense against
rent claimed for period of three
months after such term If the tenant
is monthly tenant or a tenant from
month to month and has paid three
equal monthly payments in successive
months, such defense shall not be al
lowed. after this amendment takes ef-
fect, against claim for rent or rental
VaHie not exceeding the rate so paid
within nine months after such third
payment. but defendant may plead such
defense in relation TO such rent after tn.
expiration OF such nine months against
rent Tor period within three months after
The expiration Of such nine months.
In an action mentioned in the above
statute plaintiff must allege and prove
mat the amount claimed is no greater
than the amount paid during the month
preceding that for which the action Is
Drought, or II greater. that at least
thirty days notice OF such increase had
oeen given to the defendant before the
amount had been so increased.
for the purpose OF determining fair
ana reasonable rent or rental value the
assessed valuation for the year in which
the iirst installment of rent is brought
shall be presumed to be the value of
the properly. This apparently does not
preclude other evidence of value Of
the property, but only creates n nre-
sumption which. no doubt like other
legal presumptions, may be overcome by
proof.
Deposit-Where the tenant makes n
deposit OF less than the amount de-
manded in the complaint, the court shall
on proper application, order the clerk
10 pay the same TO the landlord and
thereafter during the tendency OF the
action shall pay a similar amount di
! rectly TO the landlord on the first of
each month
Where the amount deposited is the
amount demanded in the complaint. the
landlord may apply to the court and the
court snaiI Tx the part of the deposit
TO be paid TO the landlord and there-
| after on the first OF each month during
the pendency OF the action the tenant
shaii pay like amount TO the landlord
and pay to the clerk OF the court the
| difference between that amount and the
amount heretofore deposited.
Costs-Unless the landlord recovers
\ more than the last rent paid the tenant
snail be entitled TO costs. If the action
Is started In the wrong district 1t shall
be dismissed with costs to the tenant.
chapter 2S1-Tax Exemption.-This
la" mas been extended so construction
may be commenced before April |. 1924.
| The Legislature has cleared up the
question as TO when construction shall
! be deemed commenced
FOR purpose of this section constrrlc-
ton shall be deemed commenced when
the plans have been filed with tn.
proper authority and excavation actu-
| ally ana in good faith begun.
| Provision Is made that the owner or
architect may file with the authority
with whom the plans are filed a written
statement setting forth the date of fiji
ing plans and date excavation was
actually commenced. and then such
authority shall investigate said facts
and then. IL found true. issue certifi-
cate setting forth such dates and such
certificate shall be conclusive evidence
of date of commencement Of construc-
ton for the purpose OF obtaining the
benefits of tax exemption"