The New York herald., 1922-03-21
HOUSING LAWS WIN
IN HIGHEST COURT
U. $. Supreme Tribunal Up
holds New York Decision
on Relief Measures.
Special Dispatch to THE New YoRK HERALp.
New York Herald Buresu.
Washington. ID. c., March %.

Special Dispatch to THE New YoHK fIERALD.
New York Herald Buresu.
Washington. ID. c.. March -.
The United States Supreme Court
handed down a decision to-day uphold
ing the validity Of the emergency hous-
ing laws OF New York State. The de-
clsion, rendered by Justice Clarke. was
based on two cases brought before the
court from New York city. They were (:
The Edgar A. Levy Leasing Company,
Inc, VS.. Jerome Siegei and 1910 West
End Avenue. Inc" vs. Henry r. stern.
1t is a complete victory for the tenants
and is regarded as blow to prohteering
landlords.
In the housing laws of New York
Justice Clarke pointed out changes made
in the substantive law and amendments
to remedial statutes Of the State for the
purpose OF securing to tenants in posses
sion of houses or apartments. occupied
for dwelling purposes In described cities.
the legal right to continue In possession
until November /. 1922. by the payment
Of q reasonable rental to be determined
by the courts. In the Levy case the
court said:
"A described apartment was leased to
the defendant from October /, 1918 to
October !, 1920, at $3.50 per snnun,
payable in saual monthly instaliments;
that in June, 1920. the defendant ex-
acted new lease for two years begin
ming on the expiration of the former
one ut q rental increased to S2.160. pay
able in monthly installments, and that
he refused to pay the installment due
on October /. 1920. Judgment for one
months rent is prayed for.
Justice Clarke said in his opinion that
the defendant In the first case, Jerome
Siegel, admitted the execution of the
leases as stated, but declared the second
one was signed under coercion and
duress of threats Of eviction and that
the rent stipulated under the new lease
is unjust, unreasonable and oppressive.
In the second case. the court pointed
out, the defendant, Henry r. Stern, Is
tenant holding over after the eSpira-
tion of his lease and he refuses to sur
render possession, claiming the right to
retain the apartment under the encrg-
, ency housing laws.
Upholds States Power.
In his decision denying the pleas OF
the plaintiffs and upholding the con-
stitutionality OF the emergency housing
laws OF New York. Justice Clarke. after
commenting on the appointment OF hous-
ing relief committees. BY the Legislature
and Mayor Hylan, says: -
"All agree, that there was O great
shortage in dwelling house accommo-
dations in the cities OF the State to
| which the acts apply, that this con-
dition caused widespread distress. that
extortion in the most oppressive forms
was flagrant in rent profiteering, that
for the purpose of increasing rents, legal
process was being abused and eviction
was being resorted to as never before
and that unreasonable and extortionate
increases of rent had frequently resulted
! in two or more families being obliged
to occupy one apartment. which was re-
sulting in insanitary conditions. disease
| immortality, discomfort and demoraliz-
| ing social conditions.
"If the court were disposed. as II is
!, not. to ignore the notorious fact that q
grave social problem has arisen from
| the insufficient supply Of dwellings IN
| all large cities or this and other coun-
| tries, resulting from the cessation OF
building activities incident to the war,
nevertheless. these reports and the very
| great respect which courts must give to
4 the legislative declarations that an
emergency existed. would be amply suf-
| ficient to sustain an appropriative resort
| to the police power for the purpose OF
dealing with 1t in the public interest"
Then the court adds:
THE States have a wide discretion as
to the remedies which may be deemed
| necessary to achieve q constitutional
| purpose, and IL lis very clear that that
| discretion has not been exceeded In this
instance by the State OF New York.
The Judgment OF the State courts must
be affirmed"