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APPENDIX B

Temporary" Laws

In this appendix will be found all the laws which are classified in Chapter VI of this work as "temporary laws.” Accompanying the laws, we have added the Joint Legislative Committee's explanations. Where there has been no judicial interpretation of language the meaning of which may not be entirely clear, the committee's explanation may be found helpful. It may properly be resorted to as an aid in interpreting the legislative intent.?

The portion printed in italics is new matter in the law.

The following laws will be found in this Appendix: Laws of 1920—Chapter 947 : repealing 135,4 as amended by Chap

ter 367 5 of 1921, Chapter 1366 as amended by 944, as amended by Chapter 434 8 of 1921, Chapter 137 as amended

9 by 948,10 Chapter 139 11 as amended by 945, 12 as amended by

Chapter 374 13 of 1921, Chapter 942.14 Laws of 1921-Chapters 367,15 371,16 374.17

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CHAPTER 947, LAWS OF 1920.18

Section 1. Article one of title one of chapter fourteen of the code of civil procedure 19 is hereby amended by adding at the end a new

1 For additional explanation, reference is made to Chapter VI of this work. The “permanent" laws will be found in full in Appendix A.

: See cases cited in footnote 2 to Appendix A, page 277.

• See page 52. Page 41. 5 Page 52. •Page 48. 7 Page 48. 8 Page 49. • Page 49. 10 Page 50. 11 Page 50. 12 Page 50. 18 Page 50. 14 Page 51. 16 Page 52. 16 Page 52. 17 Page 50.

18 In effect Sept. 27, 1920. This law repeals Chapter 135 of the Laws of 1920, which will be found printed in the permanent laws under Appendix A.

19 The Code of Civil Procedure was repealed by $ 1539 of the Civil Practice Act (Laws of 1920, Chap. 925), which takes effect October 1, 1921 (Laws of

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section, to be section fifteen hundred and thirty-one-a, to read as follows:

$ 1531-a. A public emergency existing, no action as prescribed in this article shall be maintainable to recover the possession of real property in a city of a population of one million or more or in a city in a county adjoining such city, occupied for dwelling purposes, except an action to recover such possession upon the ground that the person is holding over and is objectionable, in which case the landlord shall establish to the satisfaction of the court that the person holding over is objectionable; or an action where the owner of record of the building, being a natural person, seeks in good faith to recover possession of the same or a room or rooms therein for the immediate and personal occupancy by himself and his family as a dwelling; or an action to recover premises for the purpose of demolishing the same with the intention of constructing a new building, plans of which new building shall have been duly filed and approved by the proper authority.

This section shall be in effect only until the first day of November, nineteen hundred and twenty-two.

§ 2. Section fifteen hundred and thirty-one-a of such code, as added by chapter one hundred and thirty-five of the laws of nineteen hundred and twenty, is hereby repealed.

COMMITTEE'S EXPLANATION

"There are provisions in the Code of Civil Procedure under the title of “Recovery of possession of real property" by which a holdover tenant might be dispossessed in an action in the Supreme Court. The summary proceeding of hold-over being taken away, a landlord can begin an action in the Supreme Court and recover judgment against the tenant by default in twenty days, and thus defeat the purpose of the legislation abolishing hold-overs except in three instances. To obviate this difficulty this bill provides that until November 1, 1922, no action shall be maintainable in the Supreme . 1921, Chap. 199, § 26). This section as amended is made section 1011-a of the Civil Practice Act. It will be found printed following the present Chapter 947.

Court to recover possession of real property in a city of one million or more or in a county adjoining such city, occupied for dwelling purposes, except where it is brought to recover possession because the tenant is objectionable, and it is proved that he is objectionable, or where the owner, being a natural person, seeks in good faith to recover possession of the property for his immediate personal occupation as a dwelling for himself and family, or where it is sought to demolish the building for the purpose of erecting a new building, the plans for which have been filed and approved by proper authority."

CHAPTER 367, LAWS OF 1921 20

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Section 1. Section ten hundred and eleven-a of the civil practice act is hereby amended to read as follows:

$ 1011-a. Limitation of actions under this article in certain cities. A public emergency existing, no action as prescribed in this article shall be maintainable by a landlord against a tenant to recover the possession of real property in a city of a population of one million or more or in a city in a county adjoining such city, occupied for dwelling purposes, except an action to recover such possession upon the ground that the person is holding over and is objectionable, in which case the landlord shall establish to the satisfaction of the court that the person holding over is objectionable; or an action where the owner of record of the building, being a natural person, seeks in good faith to recover possession of the same or a room or rooms therein for the immediate and personal occupancy by himself and his family as a dwelling; or an action to recover premises for the purpose of demolishing the same with the intention of constructing a new building, plans of which new building shall have been duly filed and approved by the proper authority; or an action to recover premises constituting a part of a building and land which has been in good faith sold to a corporation formed under a co-operative

20 This law becomes effective October 1, 1921. It takes the place of section 1531-a of the Code of Civil Procedure, printed here preceding this Chapter 367. Matter in italics is new.

ownership plan whereof the entire stock shall be held by the stockholders in proportion to the number of rooms occupied or to be occupied by them in such building and all apartments or flats therein have been leased to stockholders of such corporation for their own personal, exclusive and permanent occupancy to begin immediately upon the termination of any tenancy of the apartments or flats leased by them existing on the date when this section as amended takes effect.

This section shall be in effect only until the first day of November, nineteen hundred and twenty-two.

82. This act shall take effect October first, nineteen hundred and twenty-one.

CHAPTER 136, LAWS OF 1920 21 Section 1. Unjust, unreasonable and oppressive agreements for the payment of rent having been and being now exacted by landlords from tenants under stress of prevailing conditions whereby the freedom of contract has been impaired and congested housing conditions resulting therefrom have seriously affected and endangered the public welfare, health and morals in certain cities of the state, and a public emergency existing in the judgment of the legislature by reason thereof, it shall be a defense to an action for rent accruing under an agreement for premises in a city of the first class or in a city in a county adjoining a city of the first class occupied for dwelling purposes, other than a room or rooms in a hotel, lodging house or rooming house, that such rent is unjust and unreasonable and that the agreement under which the same is sought to be recovered is oppressive.

§ 2. Where it appears that the rent has been increased more than twenty-five per centum over the rent as it existed one year prior to the time of the agreement under which the rent is sought to be recovered, such agreement shall be presumptively unjust, unreasonable and oppressive.

83. Nothing herein contained shall prevent the plaintiff from pleading and proving in such action a fair and reasonable rent for the prem

21 In effect April 1, 1920. Amended by Chapter 944 of the Laws of 1920 and 434 of Laws of 1921, which are printed following the present Chapter 136.

ises and recovering judgment therefor, or from instituting a separate action for the recovery thereof.

§ 4. This act shall take effect immediately and shall be in force until November first, nineteen hundred and twenty-two.

COMMITTEE'S EXPLANATION

“This bill permits the defendant in an action at law for the recovery of rent to set up the defense that it is unjust and unreasonable, and the agreement under which the same is sought to be recovered is oppressive. The facts constituting the present emergency are set forth in Section 1 of the bill. By this bill the police power of the State is invoked. The bill does not by its terms give the court the right to fix rent or make a new agreement for that purpose. Upon proper facts being shown the court may hold that the agreement is oppressive, and that is the extent of the power granted by the statute. The bill, however, does give the plaintiff (landlord) an opportunity if he is so advised to plead and prove the fair rent of the premises, and to recover a judgment for the amount shown to be the fair rent. This enables the landlord to recover a fair rent without bringing another and different proceeding if it is established that the rent specified in the agreement was unjust and unreasonable.

“Section 2 does not, as it seems to be commonly supposed, fix the limit of the increase of rent within a year at 25 per cent. It merely shifts the burden of proof from the defendant, where it would ordinarily lie in case of an affirmative defense, to the plaintiff. If the rent has been increased more than 25 per cent within a year the burden of proving its reasonableness is put upon the landlord, but it does not prevent the landlord from showing that any increase whether it be more than 25 per cent or not is as a matter of fact reasonable.

"The bill affects cities of the first class and in Westchester County, and is to remain in effect until November 1, 1922,

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