Evening star., 1942-01-27
Cayton Issues
Decisions in Il
Rent Cases
Nine Won by Tenants.
Disputes Are First
Under New Law

DISPuteS ATE THSt
Under New Law
Judge Nathan Cayton in Munich
pal Court today handed down II
memorandum opinions In the first
decisions under the District Rent
Control Act, which became effective
January 2.
He ruled favorably for the tenant
in nine cases; one was settled by
consent, and one was found in favor
of the landlord. In the latter case,
the tenant defendant failed to ap-
pear at the hearing.
Administrator Robert F. Cogswell.
at the rent control ofice, explained
that all these cases originated in
court and are not appeals from his
decisions. They were all instituted,
he said, by landlords who desired to
evict tenants.
Pointing out that the act does not
empower him to order evictionS, Mr..
Cogswell said the law sets forth four
ways by which q landlord may re-
cover use of his property through
appeal to court. They involve: %
Violation of an obligation of ten
ancy, committing nuisance or use
Of property for unlawful purpose.
(O Property to be used for land
lords own occupancy. 60 Where
the landlord wishes to sell property
and the purchaser wishes 1t for his
personal use. "a Where the land
lord wishes to carry out substantial
alteration or remodelling Of the
property.
In the one case handled by Judge
Cayton in which landlord wished
to evict q tenant because of refusal
to pay a rent increase, Mr.. Cogswell
said the landloard should have come
to his ONCE in his appeal for more
rent. The law specifically provides
that no tenant may be evicted be-
cause Of refusal to pay an increase
in rent, he pointed out.
Eviction Plea Rejected.
Judge Cayton aired his views on
the Rent Act In his first opinion
involving General Realities, Inc,
plaintiff, vs. David Alper, defendant.
Pointing out that one prime objec-
tive Of the law is to prevent chaos
in the housing situation here and
to safeguard tenancies Of law
abiding citizens, he said: This
court certainly will not countenance
an effort to twist remedial legisla-
ton into weapon Of oppression"
In the case, the landlord sought
to evict the tenant because his sons
made noise. However, a neighbor-
ing tenant who had originally COM
planned of the noise, admitted at
the hearing that while the young
sons fight Like boys will do," there
was really never any noise after
bedtime. This, the judge said, is
not suficient cause to evict.
Judge Cayton commented:
Il wish to make it plain that I
regard this as frivilous claim, and
that it does not even come close to
making out q case OF committing a
nuisance within the meaning of the
Rent Act"
In the rent raising case E. M.
Aiken, Inc, sought to increase the
rate from $27.50 to $3O.50 for the
month ending January 10, and based
the claim for possession of prop
erty in the 600 block Of Forty-fourth
street NE, on the point that Vera
B. Cant defaulted in paying the
increased rate.
Planned Renovations.
In another case the plaintiff,
Mary c. Lindenau, is in South
America, and her property in the
1900 block Of Kenyon street NV,
is under lease and used as rooming
house with the full knowledge of
plaintiffs attorney in fact" the de-
cision said.
The wife and brother-i -in-law of
the plaintiff contended they wanted
the house for their own personal use
and planned considerable renova-
tions, estimated to cost $500. How
ever, Judge Cayton held there was
insufficient evidence to show that
the landlord wanted possession of
the property for immediate and per-
sonal USE
The judge ruled that, although a
notice of eviction was served prior
to the effective date of the act, the
act is effective if the 30-day notice
extended past January 2. He found
for Mrs. Stanley Herb, in case
brought by j. c. Weldon Co., Inc.
The jurist declared as long as she
paid rent and does not violate other
provisions of the Rent Act she re-
mains in possession of the property.
In the lone decision favoring the
landlord the court was told that two
boys, sons of the defendant, broke
door lock and called him names.
The judge asserted this does not
constitute the committing of nui-
sance or presents sufficient reason
for ousting the tenant" but
since the defendant did not appear
I assume that she prefers to offer
no defense and is not interested in
asserting her rights or remaining
In possession"
Non-Payment Case.
The conciliation case involved
claim of payment of rent for
December. The defendant COM
planned of faulty equipment and
general run down condition of the
place and that the owners refused
to remedy them. After lengthy
hearing the court. by consent of
both parties, found for possession
by Robert A. Humphries, effective
to the end Of this month, at which
time the defendant agrees to vacate
the premises.
The Metropolitan Life Insurance,
Inc, was denied power to evict
tenant from the Stoneleigh Court
Apartments on the claim that the
property was used "for other than
living or dwelling purposes
The occupant, Mrs. Suzanne
Schmidtman, admitted she took IN
roomers, but claimed it was with
knowledge and consent of the land
Jord She also admitted she used