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cretion, a stay not to exceed twelve months where it appears that the tenant cannot secure suitable premises for himself and family within the neighborhood, similar to those occupied, and that he has used reasonable efforts to secure such premises, or where other reasons may exist warranting the exercise of the court's discretion.

“As a condition of such stay the tenant shall deposit with the clerk such amount as the court may determine to represent the fair rent for the premises, which shall be the rent for which the tenant was liable prior to the expiration of his term, plus such additional amount, if any, as may be held reasonable.

“Of course this power given to the judges should be and will be exercised with fairness to both parties. It was deemed unwise to make specific exceptions to the power of a stay granted in the bill. However, generally speaking, to grant stays where the landlord in good faith intends to remodel the building or tear down the same for the purpose of erecting another one, with a view to increasing housing facilities, would be a gross abuse and not to be tolerated. It may be said here that the Board of Justices of the Municipal Court of the City of New York will immediately, upon the passage of these bills, adopt rules to carry the intention of the Legislature into effect, for the purpose, as nearly as may be possible, of having uniform execution of the laws and of doing justice to the honest tenant as well as the honest landlord.

“This bill applies to cities of the first class and Westchester County, and remains in effect until November 1, 1922, only."

CHAPTER 948, LAWS OF 1920.38

Section 1. The title of chapter one hundred and thirty-seven of the laws of nineteen hundred and twenty, entitled "An act in relation to summary proceedings to recover the possession of real prop

38 This bill amends Chapter 137, Laws of 1920, eliminating New York City from its operation. For New York City law, see Chapter 942, Laws of 1920, printed in this Appendix.

erty in cities of the first class or in cities in a county adjoining a city of the first class during the existing emergency," is hereby amended to read as follows:

An act in relation to summary proceedings to recover the possession of real property in certain cities of the first class during the existing emergency.

82. Section one of such act is hereby amended to read as follows:

§ 1. Application. The provisions of this act shall apply only to a summary proceeding in a city of the first class having a population of one million or less to recover the possession of premises occupied for dwelling purposes, other than a room or rooms in a hotel, lodging house, or rooming house, upon the ground that the occupant is holding over and continuing in possession of the premises after the expiration of his term, without permission of the landlord, and shall govern such a proceeding notwithstanding the provisions of any general or special act inconsistent herewith. The relief hereby provided shall be in addition to relief provided by any other act the provisions of which are not inconsistent herewith. This act being emergency legislation, its provisions shall be liberally construed to carry out the intent thereof. This act as amended shall not apply to a new building in the course of construction at the time this amendment takes effect or commenced thereafter.

$ 3. This act shall take effect immediately and shall be in force until November first, nineteen hundred and twenty-two.

COMMITTEE'S EXPLANATION

“The effect of this act is to make chapter 137 of the laws of 1920, apply to Buffalo and Rochester only. Chapter 942 passed at the special session covers holdover proceedings in the City of New York and cities in a county adjoining such city."

CHAPTER 942, LAWS OF 1920 39

Section 1. Section twenty-two hundred and thirty-one of the code of civil procedure is hereby amended by inserting therein a new subdivision, to be subdivision one-a, to read as follows:

1-a. A public emergency existing, no proceeding as prescribed in subdivision one of this section 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 a city, occupied for dwelling purposes, except a proceeding 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 a proceeding 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 a proceeding where the petitioner shows to the satisfaction of the court that he desires in good faith to recover premises for the purpose of demolishing the same with the intention of constructing a new building, plans for which new building shall have been duly filed and approved by the proper authority; or a proceeding 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 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 subdivision takes effect.

In a pending proceeding for the recovery of real property in such a

39 In effect Sept. 27, 1920. This law affects only New York City. See in connection herewith Chap. 948, Laws of 1920. After Oct. 1, 1921, section 2231 of the Code of Civil Procedure is repealed and the contents will be found in section 1410 of the Civil Practice Law, printed in Appendix C.

city on the ground that the occupant holds over after the expiration of his term, a warrant shall not be issued unless the petitioner establishes to the satisfaction of the court that the proceeding is one mentioned in the exceptions enumerated in this subdivision.

This subdivision shall not apply to a new building in course of construction at the time this subdivision takes effect or commenced thereafter and be in effect only until the first day of November, nineteen hundred and twenty-two.

82. This act shall take effect immediately.

COMMITTEE'S EXPLANATION

HOLDOVER PROCEEDING

“This bill allows a landlord to dispossess a tenant who holds over for only four reasons, which are:

“(a) That the person holding over is objectionable, and in that case the landlord must actually prove to the satisfaction of the court that the tenant is objectionable;

“(b) Where the owner of record, being a natural person, seeks in good faith to recover the premises for the immediate and personal occupancy of himself and his family as a dwelling; or

(c) Where the owner wishes to demolish the premises with the intention of constructing a new building, plans for which shall have been duly filed and approved by the proper authorities, or

“(d) A proceeding 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 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 or the date when this subdivision takes effect.

“This bill will do away with the anxiety of the many people in

New York who are now holding their premises under short stays or have been served with notices to move on October 1st. The notices served upon people that they will be required to vacate on October 1st will be wholly ineffectual after the passage of this bill. In holdover proceedings already brought, where a stay has been granted, the court cannot issue a warrant to put the tenant out unless it is for one of the causes mentioned above.

"This bill does not apply to buildings in course of construction or commenced after this act takes effect."

CHAPTER 139, AS AMENDED BY CHAPTER 945, LAWS

OF 1920

40

Section 1. Subdivision two-a of section twenty-two hundred and thirty-one of the code of civil procedure is hereby amended to read as follows:

2-a. No proceeding as prescribed in subdivision two of this section shall be maintainable to recover the possession of real property 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, unless the petitioner alleges in the petition and proves that the rent of the premises described in the petition is no greater than the amount for which the tenant was liable for the month preceding the default for which the proceeding is brought. Nothing in this subdivision shall preclude the tenant from interposing any defense that he might otherwise have. The tenant may interpose the defense that the rent mentioned in the petition is unjust and unreasonable and that the agreement under which the same is sought to be recovered is oppressive, and if such defense be interposed, then the petitioner within fie days after the filing of the answer or within such time as the court,

40 In effect Sept. 27, 1920. This law (Chapter 945) amended Chapter 139, Laws of 1920.

Chapter 139 was entirely new at the time of its passage. The amendments are shown by the italics. This was in turn amended by Laws of 1921, Chapter 374, printed in this Appendix. The committee's explanation of all three laws will be found printed following Chapter 374.

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