Evening star., 1940-09-27
D. T.. Licensing
Procedure May
Face Revision
Low-Cost Housing
Development Wins
Court Decision

District license officials are faced
with the probable necessity Of re-
vamping present regulations govern
ing the issuance of licenses to multi
unit apartment groups and low-cost
housing projects as result OF a
decision handed down today by
Police Court Judge Hobart Newman.
Judge Newman decided in favor OF
the defendant in the case of the
District versus Skyland, Inc, low
cost housing development of Il
buildings covering several acres
in Southeast Washington which,
through its president, Harvey war
wick, was charged in a Government
information with operating an
apartment house without first hav-
ing obtained license so to do and
paving the license tax therefor.
The Government charged that
each unit of Skyland-2l in all
should be licensed at the usual lee
of SIS per annum instead OF per-
mitting one license for the project.
Defense Attorney Arthur J. Hill
land in a brief submitted to Judge
Newman, said that, although there
we're q separate structures comprls-
ing Skvland, Inc, the buildings were
constructed as one development and
operated at one central location at
23le Twenty-fourth street Sc. Each
building is connected in almost every
conceivable way except the founda-
tions and walls, Mr. Hllland said.
pointing to central telephone
switchboard, heating facilities, a
central gas and electric system and
Joint recreation and playground IA
cilities.
The Government contended the
license law requirement is Tor
building "in which the rooms are oc-
cupied in suites by three or more
families" as is the case at Skyland.
In defining building" the Gov
ernment quoted the zoning law,
which reads: "A structure having a
roof supported by columns or walls
for shelter, support or lnclosure OF
persons . and when separated by
division walls from the ground up
shall be deemed a separate build
ing"
Mr.. Hilland argued that the law
does not purport to control or regu-
late buildings and property, or the
use thereof. but rather that 1t con-
trolls and regulates persons en-
eaeing in certain businesses in the
District.
In summarizing his case, Mr.. Hill
land said Skyland Inc. already had
paid the District sl6.823 in taxes
and license fees for 1910 and that
for his client to comply with the
Governments request to pay q
license fees would be constituting the
license law as providing for another
tax on real property when real
estate taxes already had been as
sessed against the property and PAID
by the owner.
The law, if so construed. would be
unconstitutional because the license
tax. as a property tax, would create
double taxation and would not be
uniform or equal. it was argued.
Il realize" Judge Newman said.
"that my decision in this case may
disrupt the licensing practices now
in existence at the District Building,
but I feel that in order to uphold
the Governments contention I would
have to do more interpreting than
is legally reasonable.
I'm my opinion, the license law
applies to the person conducting a
business and not, such as in this
case, to the number of apartment
houses that go to make up business
at one location
although my decision may result
In loss of money to the District In
cases of licenses already taken out
contrary to this decision-of which
I understand there are some, it Is
matter the authorities will have to
remedy through proper channels,
namely. an act of Congress or an
amendment to District regulations.
depending on which is the proper
procedure
"Low-cost housing groups are run
ming ahead of the law as this case
would indicate. These statutes and
regulations fail to keep up with the
times if they are meant to tax each
building constituting unit in the
group as separate business
Assistant Corporation Counsel
Ralph D. Quinter, jr.. after consul
tation with Judge Newman, pointed
out the decision does not eliminate
the necessity of persons, partner
ships or corporations having GEN.
trail place of business but oper-
ating other businesses at other To-
cations throughout the District
from procuring licenses for each Of
those business establishments.
In pointing this out, Mr., Quinter
referred to Section 1704 Of the
license law, which says:
mo license shall be issued for
more than one place Of business,
profession or calling without the
payment of a separate fee or tax
for each"