Evening star., 1922-04-03
SCORES PROVISION
. OF BALL RENT LAW
H. R. Brigham Protests IncIu-
sion of Business Properties
Under Boards Jurisdiction,

| Henry r. Brigham Of Boston, chair
man of the housing committee Of the
| National Association Of Real Estate
| Boards. recently appointed by Com
| missioner Rudolph as a member Of the
! citizens committee on housing. today
| issued statement attacking the pro-
| posed inclusion of business properties
in the jurisdiction of the Rent Com
| mission.
| Unless the matter is forcefully
| brought to the attention of the ciu-
zens of the United States" the state
ment reads. Congress may within a
! few days pass legislation affecting
! owners Of property in the District of
| Columbia which probably few, if any.
| congressman would dare to suggest
! in their own states to their own con-
s;ituents. 1t is proposed to extend the
BAH rent act, SO called. for two more
. years and to include in it's scope all
, rented business property.
IT is provided that the rent commits
sion. upon Its own initiative, may.
| Or upon complaint shall. determine
! whether the rent, charges, service
! and other terms or conditions of a
/ lease or other contract for the use or
occupancy of any such rental prop
erty or apartment are fair and rea-
sonabie.
Claims 1t Nullifes Leases.
This in effect nullifies all leases
and contracts regarding the use of
property and destroys even the right
to make a binding contract regarding
the use of either residential or busi-
ness property. 1t puts the determi-
nation of what is a fair rental in the
power of commission of five, no
one of whom is an expert in real
1 n n h.. Il 1.s.f
none of the commissioners shall be
directly or indirectly engaged or in
any manner interested in or connect
ed with the real estate or renting
business in the District of Columbia
Landlord and tenant may agree
absolutely on terms of n lease, and
| Tor some personal reason the partic-
ular piece of property involved may
be of extraordinary special value to
the tenant, but the commission may
of its own accord step in and say
that the rent is too mEch. and if the
! tenant should continue to pay the
rent he believes to be fair the COM
rnissloners can recover from the land
lord double the excess which the
tenant pays over what they de-
termined to be a fair rental. Half
that they SO recover goes back to the
| tenant and half goes to the United
States Treasury.
Increases in rents might drive some
sent business. but landlords OF business
property are dependent upon the sue
cess of their tenants. Rents of bus-
ness property as a whole can not be
raised to such an extent as to make
business Improbable for tenants, and
Washington is not so isolated from the
rest of the world as to make possible
the sale of commodities at prices far
above those for the same commodities
in the rest of the country. The very
fact that there is enough demand for
business property to warrant raises in
rent shows that there are merchants
who believe that they could do business
in Washington profitably at higher rents
than present merchants are paying and
by no means signifies that they would
charge higher prices.
Result Of Merchants Plea.
| "The inclusion of business property
in the proposed extension of the Ball
act was due to the petition of certain
merchants in Washington, who said
to Congress that if their rents were
increased they would have to charge
more for their commodities, and
therefore the cost of living would
increase in Washington. The mer-
chants did not ask that the original
sections covering control of food
prices be renewed. Does any one be-
lieve that the merchants will not
charge all that they can get for their
commodities regardless of their
rents?
Was War Emergency.
The legislation, so far as it at
fects residences, was originally based
on the real emergency created by the
war and necessary for public well
fare. The United States Supreme
Court has recently upheld the rent
restrictive laws of New York on the
ground that the public needed pro-
lection until houses can be built
There are enough places of business
in Washington to protect the welfare
OF its citizens and none of the argu-
ments that are used to uphold the
law as it affects houses can be said
to be applicable.
This proposed legislation is purely
selfish legislation proposed for the
selfish interest and profit of mer-
property owners. and as most con-
gressmen are tenants and live a large
part of each year in Washington, it
affects their selfish interests. 1t vio-
1ates, however, the spirit of the United
States Constitution and that of the
constitution of every state in the
country and destroys the foundation
rocks of the business and prosperity
of this country. namely, the right of
contract. the rights of property and
the Golden Rule"
ut is proposed to inf1ict it upon
helpless people who have no voice in
their government and who are not
even protected by the Constitution of
the United States to the same ex-
tent as other citizens. 1t could not
lawfully. be inflicted upon any other
city. in this country. The only way it
can be inflicted is by the indifference
Of the people in this country.
Called Dangerous Precedent
"If tho citizens outside of Wash
ington realized what this legislation
means not only to the citizens of
Washington, but to this country as a
most vital dangerous precedent for
the nation, they would so hound their
congressman that they would not
dare to pass it any more than they
would suggest 1t in their home cities
"The passage of this act as amended
will naturally kill all incentive to
build more business properties to
rent, as it has killed all incentive to
build residential property for rent,
and thereby it will increase the profits
Of 10 present merchants by decreas-
ing The opportunity 70 rmore competi-
ton. \.
this country to invest more money in
real estate in city where rights of
contract and Of property are no longer
respected?
2919 and is in order for action before
the Senate after disposition Of the
treaties. Some opposition is expected
in the Senate, but it is said that no
strong opposition is expected in the
House Of Representatives.
every citizen of this country who
believes in fair play and the right of
contract should at oncs protest to his
senators and representatives against
the passage of this act"