Evening star., 1924-12-31
Proposed Fair-Rental Law,

Analysis of the proposed new rents
law, printed elsewhere in The Star,
ulscloses a legislative proposition
which should not be enacted without
serious, searching consideration and
without radical amendment Rental
conditions here are declared by the
Dill to be dangerous to the public
health, comfort, morals peace and
welfare and embarrassing to the Fed.
eral Government in the transaction of
the public business. Responsibility for
these conditions is fastened upon all
The owners OF rented and rentable
property in the District, and they are
punished for their offenses against the
public health, morals and welfare by
being deprived Of control Of their
property. Their property is clothed
with a public interest" and control
of it is transferred to a hostile COM
mission with extraordinary powers.
The commission, on complaint or on
ats own initiative, fixes what is rea-
sonable rent and the service that must
be rendered for this rent, and Furnishes
as a misdemeanor any disobedience
by the owner Of the orders Of the com
mission.
The bill impairs the obligation OF
all existing leasing contracts and of
all hereafter to be made, as far, at
least, as the obligation Of the tenant
Is concerned. The commission fixes
not only the vitals but the form of
the leasing contract, which may not
be varied. The only effect of direct
dealing by contract between owner
and tenant is to put the rented prop
erty within the jurisdiction of the
commission, and to make the contract
negligible until remade by the COM
mission.
No provision in a leasing contract
for the termination of a lease is Of any
force. Subject to the conditions and
exceptions laid down by the commits
sion the tenant may hold in perpetuity.
If the owner even demands more
rent than the commission has fixed
rs reasonable, he is guilty of a mis-
demeanor and subject to a fine not
exceeding $1,000 or Imprisonment not
exceeding a year, or both. If he col
lects more than the amount fixed by
the commission, he is compelled to
repay double the excess, with costs,
and is guilty of misdemeanor.
If he fails to render the required
service, or attempts to evade the
jurisdiction of the commission, he is
guilty of a misdemeanor, punishable
by $1,000 fine, a years imprison-
nent, or both.
These are only a few samples Of
the despotic power over the owner and
his property exercised by the commits
sion. In addition to these extraordi-
nary powers Congress, by the bill, del
egates to the commission legislative
power to make other regulations gov
erning the maintenance and operation
of rental property and to punish by
a fine of $25 per day violation of
these regulations.
The violations of the spirit and let
ter of the Constitution and of equity
which have been justified as a war
emergency up to this time in the pre-
vious rent laws seem to be intensified
at the very moment that the old justi
hcation ceases to exist.
Cannot Congress create an equita-
BILE rentals-fixing tribunal which will
remedy the present evil without ex-
posing the legislation to the charge
that it takes an Americans property
without compensation or without the
due process of law contemplated by
the Constitution? Cannot Congress
correct existing conditions without
impairing the obligation of all leasing
contracts?
Laws impairing the obligation of
contracts are" says the Federalist,
CONTRARY to the first principles of the
social contract and to every principle
of sound legislation" Such laws are
ebhorrent, and when passed by any
State Legislature are unconstitutional,
and when passed by Congress, acting
not for the Nation, but as the Dis
trict s State Legislature, violate the
spirit of the Constitution.
The purpose of fair rents legislation
IS commendable. 1t attacks and aims
to prevent the evil of extortion by ex-
cessive rents. In respect to one item
and in one spot in the United States
It seeks to reduce by arbitrary meth
ods the high cost of living during
war and during the period of post
bellum reconstruction, and perhaps
permanently.
Genuine, effective fair-rents legisla-
tion would naturally be popular To-
cally. There are far more Washing
ton tenants than Washington land
lords. Only a fraction of Washington
landlords are accused Of profiteering.
profiteering landlords and house
owners whose property is threatened
with increased taxes as result of ex-
cessive rents extorted by others are
In hearty sympathy with tenants. All
good Washingtonians would check II
they could the war of reprisals be-
tween landlords and tenants which has
ragged to the injury Of the District.
They would make substantial sacri-
fees to eliminate an evil for which the
unthinking by too broad generaliza-
ton hold this whole community re-
sponsible to the damage of the good
reputs Of the Capital.
These sacrifices should, however, be