Evening star., 1924-11-02
RENT CASE ruling
IS DUE TOMORROW
Adverse Decision by Appel
late Court on Emergency
Would Hit Commission.

10 exist in the District by, the District
Court of Appeals in the decision ex-
pected tomorrow in the case of Peck
VS.. Fink, the Rent Commission will
be dealt a severe though not neces-
sarily a final blow,
This case will not appealed to
the United States Supreme Court,
from present indications. inasmuch
as the tenant involved did not take
steps to make possible an appeal IL
he loses tomorrow and the court has
refused permission to the Rent Com
mission to carry the fight higher.
The question of the life OF the Rent
Commission. however. will reach the
United States Supreme Court in one
of the injunction cases now pending
against the commission, in which
the landlords are trying to prevent
consideration by the commission of
rental disputes, or the noted Chastleton
case may be the one on which final
settlement Of the commissions exist
ence will turn.
Effect of Adverse Decision.
The practical effect of the decision
tomorrow; if adverse to the commits
sion, will be to cause all lower courts
to refuse to entertain petitions from
tenants. it is declared in legal circles.
The lower courts would hold. 1t is as
sumed, that any decisions upholding
the commission they might make
would be upset in the Court of Ap-
peals. Hence. the Importance to the
commission OF winning tomorrow, al
though determination to seek adjudi-
cation from the Supreme Court is
manifest. a decision by the highest
court may come before Christmas.
abolishing it or extending it's life,
with consequent opportunities to ten
ants to appeal for adjustment of
rental disputes.
Cases involving the eviction of tenants
Can issue made rather acute lately) do
not come under the jurisdiction OF the
Rent Commission but are handled by the
Municipal Court; nevertheless. the pro-
lection of tenants in the possession OF
dwellingy will expire II the rent act is
declared unconstitutional. At present
landlord may not get possession Of
house or apartment unless he wants it
for his own occupancy or to tear down
the property for purpose of rebuilding.
Origin Of Rent Board.
The act creating the Rent Commission
was enacted October %. 1919, or a little
more than five years ago. 1t was not
until February, 1920, that the commits
sion established offices at Ninth street
and Pennsylvania avenue. Later the
Offices were moved to 1880 F street
and thens to Sixth street and Missouri
avenue where cases now are heard.
War davs had sw9lled Washington's
populat ton by more than 100000. The
Government recognized the emergency
by providing hotel Quarters at Union
Station Plaza for 2, 900 workers. Homes
that never before had been open to
roomers took in thousands. while regu-
lar rooming houses were distressingly
overcrowded. Even after the war the
population remained far above prewar
figures. and building operations for
several years had been virtually at
standstill.
Rents went to heights never before
known in the Capital. Not only this.
but it became extremely difficult to get
suitable quarters at any price. Salaries
to Government workers did not keep
pace with this increase in rents even
with the $240 bonus. Landlords had
long waiting lists of prospective ten
ants. Often in cases where occupants
could be gotten out new tenants were
ready to take their places. at higher
rentals.
Passes On 9.aE Cases.
In this situation the Rent Commits
sion began to function. Up to Octo-
Der |. 1924. it has received 1887
cases. Of this number 6S25 have
been heard and 6,311 determined. The
other cases either were dismissed
for want of prosecution. were with
drawn By complainants for various
reasons, or dismissed because the
property had been vacated, leaving
no relationship of landlord and
tenant
The landlord. it may be remarked.
has the same right under the rent
act that the tenant has to ask the
Commission for relief-that is to say,
raised just as tenants may ask that
rents be lowered.
The first commission consisted Of
James F. Oyster, chairman; a. Left
wich, Sinclair and Guy Mason. After
Mr.. Mason's resignation Mrs. Clara
Sears Taylor was named to the COM
by President Wilson, taking
office in May, 1920. When Mr. oyster
resigned to become a Commissioner
of the District William F. GUIDE was
named to the Rent Commission by
chairman until July 1, 1923, when
the commission was increased to five
members.
Two Members Reappointed.
Mrs. Taylor and Mr.. GUIDE were re-
appointed by President Harding. who
also named three new members
Richard Smith Whaley of South Caro-
lima, oliver E. Metzerott of Maryland
and Thomas e. Peeney of Delaware.
Mr.. Whaley was made chairman and
at present holds the Office. The COM
elects it's own chairman. The
Senate confirms the appointments
made by the President
Many of the petitions filed with the
represented apartment
houses. 1t is estimated that approx
mately 25,757 residential units are in
volved in the cases and il four and
one-half persons per unit Is the fam
lily figure, the total number of persons
affected by the cases was about 49,
SOS, or nearly one-fourth of the cfty's
population.
statistics Not Available.
No figures are available showing
the number of cases in which land
lords or tenants won.tor to give an
approximate estimate of the amounts
saved to tenants either by reducing
rentals or by preventing raising of
rents, since in the early days of the
commission methods of arriving at de-
cisions were not exactly like those in
vogue now.
The number of evictions prevented
is another phase of the commissions 8
work about which accurate figures
are lacking. The Jurisdiction over
such possession cases was taken out
of the hands of the Rent Commission
and placed in the Municipal Court.
Furthermore, the law prohibiting
eviction, except on the owners desire
to live In the nremfSes aeruad To