New-York tribune., 1922-08-06

Tenant If If You
Do Not Clean
May Be Dispossessed for
Having Dirty Home,
According to Tenement
House Commissioner

Rent payers will be surprised to
learn that if they do not keep their
apartments clean they may be dis
possessed as undesirable tenants.
The impression has prevailed, due no
doubt to the operation of the anti
rent raising laws, that a landlord 'is
compelled to clean a house. Accord
ing TO the interpretations of the ten
ement house regulations by Commits
sioner Mann of the Tenement House
Department in a communication to
Stewart Browne, president of the United
Property Owners Association, on the
subject, the condition of an apartment
is strictly in the hands of the occu-
pant, and the Tenement House Depart
ment or the courts cannot force the
owner to clean the apartment.
Here are Commissioner Mann's rui-
ings as given out yesterday by Mr..
Browne:
"The law requires that the owner
be held responsible, though it is my
view that it does not mean that the
owner himself must actually do it,
but he, however, must see that it is
done. In this connection would sue.~
gest that the landlord demand that the
tenant living in the apartment and
having control of it clean it up, and .f
the tenant fails to do it, then the land
lord, in my judgment, may go to the
courts and have the tenant dispos-
sessed as an undesirable tenant whose
uncleanly habits ~~--laintaining such
an unsanitary condition in the apart
ment are menace to the health OF
the other occupants of the house.
Il don't believe either the tenement
house or health laws can be construed
nY- 1f11-v nSo%r
owner of a tenement house to clean
the walls and ceilings within the apart
ment occupied by the tenant, nor do
| believe the courts would hold that it
is the duty under the law of the land
lord to actually be compelled to go
into the apartment and clean it up.
The theory of the law is that your
home is your CASTLE and within your
own home not even the landlord has
any right to enter, since 1t is entirely
within the control of the occupant.
st has always been assumed that
the occupant must keep his own apart
ment clean. The custom has always
been that the tenants should scrub and
clean their floors, as well as the walls
and ceilings of their apartment
Since the rent laws have gone into
effect large number of tenants seem
to be under the impression that all
they need to do is TO complain to the
Tenement House Department in order
to compel the landlord to clean UP the
dirty conditions in their own apart
ment, the creation of which they them
selves were responsible for. In many
other instances the complaints coming
into this department are to the effect
that the tenants demand the repaper-
ing and redecorating of their apart
ment, believing that to complain to the
Tenement House Department viii COM
pei the landlords to do it.
"This impression is erroneous. The
| Tenement House Department will not
compel owners to decorate or paint,
| since that is matter of contractual
relationship between the landlord and
tenant. Because the tenants have the
upper hand now is no reason why any
/ injustice should be practiced by the
Tenement House Department or any
other department upon landlords, no-
should the ownership OF tsaemsu.
house be the basis for the assumption
| that the landlord thereof is crimiaa.
or an haoitual n.fcndsr against the law,
/ Il have advised the Muaicipsl Gocx,
Justices to the afoye ctfeass