Evening Star Newspaper, December 31, 1924, Page 9

THE EVENING STAR, WASHINGTON, D. C., WEDNESDAY, DECEMBER 31, 1924. Text of the Measure Just Introduced to Relieve the Rent Situation in the District & Wide Powers Given to Group To Be Composed of 5 Members AUl Building Available as Rented Dwell- ings Incl Under Terms of Bill Providing Virtual Court. Bills were Monday v Senator Rall and in House by Renresentative Reed to ¢ and establish a comn Independent establishment Federal Government to rents In the D t ot proposes so many changes in the aw that it is fmportant to present the princinal features of the measur substantia n textual form Tn brief. this bill proposes the creation of a commission consisting of five persons who shall sit v tually as a court to hear and de- termine questions between landlords and tenants. having jurisdiction over ail rental properties in the District of excluding rages, estab- shmen exclusive- upen the build- ings it to t are the cate sion as an of the regulate Columbia” Columbia B warehouses, business hotels ent used Tt that rented interest the bill r in and House the United America ) That the provisi in the are dan- bur em- reason o " District of Co gerous to the morals, peac densome to ployes of the whosa dutics within th persons tial to the 1 of such off by emb ern public ings in tt ented or to urposes, othed with = olumbia rent z a em e requ e Distric whose to reside to other Definitions. day’s Star and Times. than subleasing or such rental property for u. living accommodations. “(d) The term owner inelu lessor or sublessor, or other entitled to receive rent or cl for the use or occupancy o rental property or apartment, interest therein, or his agent. “(e) The term tenant subtenant, 1 person entitled pancy of any apartment. to the use or rental proper troduced in the Senate clusively for business purposes other subcontracting se for des a person harges t any or any includes a see, sublessee or other occu- ty or “(f) The term service includes the furnishing of light, cold water, telephone service, furnishings, screens, awning: heat, or window storage, ho k bt and elevator shades, itchen, bath and laundry facilities and priv- ileges, maid service, janitor s removal of refuse, making pairs suited or necessitated by ordinary we: all to the type of building ervice, re- ar and tear, and any other privilege or serv- ice connected pancy of apartment. (g) The with any the use rental term commission or occu- property or means the Rent Commission of the District | of Columbia. by | The Commission Created. by « dependent eral Government, to be known Rent Commission Columbia. section A commission and estab is shed, as The commission sh: composed of five commissioners, of whom shall be an attorney and all,of whom shall who shall be appointed by the and with t of the Senate. ppointed of title II District of Columbia roved October 22, 1919, ter this act act as com ymission hereby until their ve been appointed and shall have s of t be The under the ren tak b qu first shall appointed expire, re three, four an the twenty-second . and the President ate the term of each app time of making each ap ction 4 \issioner appointed after 25, to take the place of ioner whose te [ ears dating fr Any any such n the is about a period o May e, shall for m vear. vaca in the o er same manner as the ment, except that ent be 1 of the er wh in the the right of t rissioners to of the commiss! m: all ning com the power No Realtor Eligible. —No Comm who is directly engaged-in, or in any be appointed directly ner interested in or connected with, | its devote tire time to the duties of the office, the of the commissioner shall for the unexpired te ssloner here- an in- establishment of the Fed- as the of the District of all be one at-law their Presi the advice and commis- pro- of the food control ts act, as amend- effect alified, a five commissioners by pectivel, th d five day of shall pointee ppoint- The term of each com- May 22, v com- to ex- ot five e hall be filled riginal ap- m commission he re- exercise | fon. shall or in- man glad you waited. the real estate or renting business in_the District of Columbia. “Section 6. Fach Commissioner shall receive a salary of $6,000 per annum The commission shall appoint an attorney at a salary not to exceed $5,000 per annum and two assistant attorneys, who shall give their time exclusively to the. work, at salaries not to exceed $2,500 per annum, as the commission may deem proper and necessary to carry Into effect the in- tent of this act. The commission shall also appoint & secretary-treas- urer at a salary of not to exceed $2.500 per annum, who shall give bond {n such sum, not exceeding $10,000, as shall be fixed by the com- misston; a fleld engineer at a salary not to exceed $3,500 per annum and may appoint such stenographic re- porters as the commission shall deem necessary, capable of taking testi- mony, verbatim, at all hearings of the commission, at salarles to be fixed exclusively by the commission but not to exceed $2,000 per annum; all such appointees shall be removable at the pleasure of the commission. Subject to the United States civil ser- vice laws, the commission may ap- point and remove such other officers, employes, and agents as may be necessary to the administration of this act. All salaries shall be pald semi-monthly. “With the exception of the attor- ney, the assistant attorneys, the sec- retary-treasurer, the field engineer, and the stenographic reporters, all employes of the commission shall be appointed from list of eligibles supplied by the Civil Service Com- mission and fn accordance with the civil service law. Section 7. The attorney appointed by the commission. or such assistant attorney or attorneys as may be des- ignated, shall appear for and repre- sent the commission in all judicial proceedings and generally shall per- form such professional duties services as attorney and counsel may reasonably be required of or them by the commission. “Section 5.—The secretary-treasurer shall have the custody of the of- ficial seal and of all records, books and other papers of the commission and shall certify copies of all such records and papers, except in cases where certification by the Commis- sloners is expressly required by this act, and shall also, if directed by the commission, act as treasurer of all funds received and disbursed under the provisions of this “Section 9. The commission may make such expenditures for rent, turniture, office equipment, law book books of Teference, periodicals, pi |ing, teleph = . telegram stationery, and for such other sup- plies and expenses as may be neces- sary to the administration of this act The commission shail have the exclu sive right to determine the necessity for such supplies and expenditures which shall be signified by the writ- ten approval of the chairman of the commission on all voucher | expenditures, and his si | be a sufficient warrant and authority to the Comptroller General of tates and the purchasing of- the auditor, and the disbursing r of the District of Columbia to approve, audit, and pay the same. The commission shall not he limited in its expenditures to the purchase of items contracted for by the muni cipality of the District of Columbia AIl of the expenditures of the | mission, shall, upon the presentation fof it a vouchers therfor, approv- lea b chairman of the commis- slon, be audited and pa'd in the same | manner as expenditures for other tivities within the District of Colum- | bia which not a part of or sub- ject to the munictpality - Provision is made by section 10 for the election of a chairman, the use of an official seal and the franking privi- lege. Tt is also provided that all the duties and powers of the commission | “may be exercised by a majority of members and when specifically as him You will and | | subpoena the | |any apartment to file plans and to fur- provided herein may be exercised by any one of the commissioners.” The eleventh section of the bill di- rects the semi-annual publication by the commission of its opinions, rul- ings and regulations and other mat- ters of importance bearing upon the relations between landlords and tenants. Form of Procedure. Section 12 provides as follows for the form of procedur “Section 12. The commission shall, by general order, from time to time prescribe the procedure to be fol- lowed in all proceedings under fts Jurisdiction. Such procedure shall be as simple and summary as may be practicable, and the commission and parties appearing before it shall not be bound by technical rules of evi- d or of pleading. Section 13, The commission shall prescribe standard forms of leases and other contracts for tha use or occupancy of any rental property or apartment and shall require their use by the owner thereof. Every such lease or contract entered into after the commission has prescribed and promulgated a form for the temancy provided by such lease or contract shall be deemed to accord with such standard forms; and any such lease or contract in any proceeding before the commission or in any court of the United States or of the District of Columbla shall be Interpreted, ap- plied and enforced In the same man- ner as if it were in the form and con- tained the stipulations of such stand- form cction 14. No tenant shall assign his lease of or sublet any rental property at a rate in excess of the rate pald by him under his lease without the consent of the commis- sion upon application in a particular case, and in such case the commission shall determine a fair and reason- able rate of rent or charge undér such | assignment or sublease. This action =hall not be construed as in any way authorizing the assignment of .any lease or the subletting of any rental property or apartment in vlolation of the terms of the lease or other contract for the use or occupancy of the rental property or apartment, or of such lease or contract as ex- tended by operation of law. “Section 15. Every officer or em- plove of the United States or of the District of Columbla, whenever re- quested by the commission, shall sup- ply to the commission any data or information pertaining to the ad- ministration of this title which may be contained in the records of his office. “Section 16. The commission, or any officer, employe or agent duly authorized in writing by it, shall at all reasonable times have access to. for the purpose of examination and the right to copy, any books, ac- counts, records, papers or correspond- relating to any matter which the commigsion is authorized to con- sider or investigate: and the commis- sion shall have power to require by the attendance and testi- of witnesses and the produc- tion of all such books, accounts, rec- ords, papers and correspondence Te- lating to any such matter. “Sec. 17. The commission, If it dsem necessary, may direct the owner of nish other data under oath in such detail as the commission requires de- criptive of the rooms, accommoda- tions and service in connection with such apartment, and a schedule of rentals, rates and charges therefor. The commission may, after considera- tion of such plans, schedules, data or her information, determine and fix a schedule of fair and reasonable rates and charges for such apartment; and the rates and charges when so fixed and stated in guch schedule shall thereafter constitute the fair and rea- sonable rates and charges for such apartment. commission’s deter- mination in such case shall ba made after such notice and hearing, and shall have the same force and effect and-be subject to appeal in the same Beginning 8 o'cleck Friday morning, January 2nd, we will place on sale a $300,000 stock of Men's Sheldon and Society Brand Suits and Overcoats. See our big -advertisements in Thur- be F Street at 7th manner as a determination of the commission under section 26 of this act.” Each member of the commission is by section 18 authorized to sign sub- poenas, administer oaths, summon and examine witnesses, conduct hearings and receive evidence. Attendance of witnesses and the production of pa- pers may be required in any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena or of the contumacy of any witness or failure to file papers or plans, the commission may invoke the ald of the Supreme Court of the Dis- trict, or any district court of the United States. Rentsl Property A Public Interest. The provision which is contemplat- ed the basic authority of the com- mission to deal with rent relations is contained in section 20, which has been described heretofore as an {nvo- cation of the police power of the United States Government. This sec- tion is as follows: “Sec. 20. ¥For the purpose of this act it is declared that all rental prop- erty and apartments are affected with a public interest, and that all rents and charges therefor, all service in connection therewith, and all other terms and conditions of the use or oc- cupancy thereof shall be fair and rea- sonable; and any unreasonable or un- tair provision of a lease or other con- tract for the use or occupancy of such rental property or apartment, with respect to such rents, charges, serv- ice, terms or conditions is hereby de- clared to be contrary to public policy. The commission upon its own Initia- tive may, or upon complaint shall, de- termine whether the rent, charges, service and other terms or conditions of a lease or other contract for the use or occupancy of any such rental property or apartment are fair and reasonable. The commission or any member thereof, or its duly author- ized agent, shall have the right to in- spect any and all such rental prop- erties and apartments. Such com- plaints may be made and filed by or on behalf of any tenant and by or on behalf of the owner of any rental property or apartment, notwithstand- ing the existence of a lease or other contract between the tenant and the owner. In fixing and determining the fair| and reasonable rents or charges for any rental property or apartment the commission shall in all cases take into consideration the character and condition of the property and the character of the service, if any, fur- nished in connection therewith “Section 21. In all such cases the com- mission shall glve notice personally or by registered mail and afford an op- portunity to be heard to all parties in interest: Provided, That notice given by the commission to an agent for the collection of rents due his principal shall be deemed and held to be good and sufficient notice to the principal. The commission shall promptly hear and determine the is- sues involved in all complaints sub- mitted to it. All hearings before the commission, or any member of the commission, shall be open to the pub- It the commission finds that the xisting rents, charges or other terms or conditions of the use or occupancy of any rental property or apartment are unfair and unrea- sonable, it shall fix and determine the falr and reasonable rents or charges for the rental property or apartment under consideration, and may fix and determine the fair and reasonable service terms and conditions of the use or occupancy of the rental prop- Columbia, Involving any question aris- erty or apartment, and many also order and require the furnishing of such service by the owner as it shall lawfully determine to be fair and reasonable. “Section 22. Tn any suit in any court of the United States or the Dietrict of ing out of the relation of landlord and tenant with respect to any rental property or apartment, except on appeal from the commission's deter- mination as provided in this act, such court shall determine the rights and duties of the parties in accordance with the determination and regula- tions of the commission relevant thereto. “Section 23. The commission shall file with its determination a finding of the facts on the evidence present- ed, and upon which its determination is based. Such finding of faéts shall set out the following: (1) The fair and reasonable value of the whole property; (2) the allowance for maintenance, repairs, taxes, service, and all other expenses; (3) the al- lowance for depreciation; (4) sepa- rate rentals of the whole property as fixed by the commlission, or if not fixed by the commission, then as puid by the tenants; (5) the commis- sion's estimated net return to the owner upon the value as fixed by it; and (6) such other finding of facts as the commission deems proper to submit. Such finding of facts shall confititute a part of the record of the case. “Section 24. A determination of the commission fixing a falr and reason- able rent or charge made in a pro- ceeding begun by complaint shall be effective from the date of the flling of the complaint, unless in the opinion of the commission a mani- fest injustice will result there from, in’ which case the commission shail fix in its determination the date from which such determination shall be effective. The difference between | the amount of rent and charges pald | for each rent period from the filing of the complaint to the date of the commission’s determination and the amount that would have been payable for such perfod at the fair and reasonable rate fixed by the com- mission, may be added to or subtract- ed from, as the case demands, future rent payments for each subsequent rent period following such determin- ation, until the amount due under said determination shall have been in such manner paid, or in case of the termination of the relation of land- lord and tenant betwesn the parties, either party entitled to recover such amount may at any time after the expiration of the time for an appeal from such determination has expired, bring an action in the Municipal Court of the District of Columbia, or in any district court of the United States within t Surisdiction of | which the defendant may be found, which courts are hereby given juris- diction to try and determine such suits, to recover the full amount remaining due at the time of hring. ing such action: Provided, however, That if thero be an appeal from the determination of the commission to the Supreme Court of the District of | Columbia in general term, such ad ditions or subtractions shall not be made for suit instituted until the final decislon of such appeal “Section The termination the relation of landlord and between the parties to any cause pending before the commission shall not deprive either party of the right to a hearing; or subsequent to the commission’s determination therein, to a rehearing; or the right to re- cover in any action any sum which may be found to be due to either of the parties under such determina- tion “Section of tenant 26. Unless within 10 days | the | notwithstanding after the filing of the commisslon’s determination, or the determination on a rehearing, any party to the complaint appeals therefrom to the Supreme Court of the District of Co- lumbia, in general term, the deter- mination of the commission shall be final and conclusive. The Supreme Court of the District of Columbla, in general term, Is hereby given juris- dlction to hear and determine appeals taken from determinations, and from all other orders whatsoever of afinal nature of the commission, and such appeals shall be glven precedence over the other business of the court, At the hearing of such appeals the chief justice of the court, or such other justice as he may designate, shall preside, with at least two others of the associate justices thereof to be also designated by the chief jus- tice. In the absence of the chief Justice, the senlor associate justice of the court shall have the power and perform the duties of the chief Jjustice. ‘Section 27. If such an appeal be taken from the determination, or other final order, of the commission, the record before the commission, or such part thereof as the court may order, shall be certified by it to the court and shall constitute the record before the court, and the commis- sion’s determination, or final order, shall not be modified or set aside by the court, except for error of law. “Sectian 28. If any party applies to the court for leave to adduce addi- tional evidence and shows to the sat- isfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceedings before the com- mission, the court may order such ad- ditional evidence to be taken before commission and to be adduced upon the hearing in such manner and upon such terms as the court may deem proper. The commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new fingd- ings, which shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original determination, with the re- turn of such additional evidence. “Section 29. In the proceedings be- fore such court on appeal from a de- termination of the commission, the commission shall appear by its attor- ney or other representative and sub- mit oral or written arguments to sup- port the findings and the determina- tion of the commission. “Section 30. No determination of the commission shall be affirmed, set aside, modified or otherwise re- viewed, or its enforcement in any manner stayed, except upon appeal trom such determination as provide; by this act. May Not Evict Tenant. Section 31. The right of a te to the use or occupancy of any rental property or apartment existing at the time this act takes effect, or there- after acquired, under any lease or other contract for such use or oc- cupancy or under any extensio thereof by operation of law, shall, the expiration of fixed by such lease or continue at the tenant, subject, determination or 2 nt the term contract, of the to any regula- EYES EXAMINED GLASSES FITTED Archie D. Engel Formerly with Ros Fulkerson 615 15th St. N.W. Next to Keith's Theater Phone Main 7108 option | however, | | | | tion of the commission relevant there- to, and such tenant shall not bLe evicted or dispossessed so long as he pays the rent and performs the other terms and conditions of the tenancy as fixed by such lease or contract, or in case such lease or contract is modified by any determination or re ulation of the nigsion, then fixed by such modified lease or tract. . “Section All remedies of the owner at law or equity, based on any provision of any such lease or con- tract to the effect that such lease or contract shall be determined or for- feited if the premises are sold, are hereby suspended. Every purchaser shall take conveyance of any rental property or apartment subject to the rights of tenants as provided in this act. Owner's Right of Recovery. “Section 33. The right of the tena under this act shall be subject to the limitation that the bona fide owner of any rental property or apartment shall, upon giving 30 notice to quit, in writing, served in the manner provided by section 1223 of the entitled ‘An act to establish a code of laws for the District of Columbia,’ approved March 3, 1901, as amended (which notice shall contain a full and correct statement under oath of the facts and circumstances upon which the same is based), have the right to obtain possession thereof in the man- ner hereinafter prescribed (1) if necessary immediately for actual and bona fide occupancy by himself, or his wife, children or dependents for the making of material repairs or alterations, or for the remodeling erection of a new building, whether or not to be used for rental purposes by the owner, or for any other pur- pose inconsistent with the continued use or occupancy of the existing ten- ant, provided such purpose does not invelve unfair discrimination again such tenant and in favor of any sub sequent tenant, or (2) if the tena commits waste, nuisance, breach of the peace, is otherwise disorderiy upon the premises; but in no case shall possession be demanded or ob- tained by such owner in contraven- tion of the terms of any such lease or contract. If there is a dispute be- tween the owner and the tenant as to the accuracy or sufficiency of the statement set forth in such notice, tha matters in dispute shall be determined by the commission upon complaint as provided in section 31 of this a “Section 24, the period between the sery e notice and ~ the fina the proceedings for the possession, the tenant the owner rent the terms of tt or other contract for the of the rental proper decision recovery shall pay to in accordance with lease or occupany or apar in use ent such or tract i termination of in accos lease or rent by s modi the ssic wit h Acceptance of such not be 1 the owner sha held ed on Bleventh Page.) | FURNITURE RENTING FOoR Household Cffice Receptions Parties Conventions Drives Weddings 3,000 Folding Chairs in Stock | H. BAUM & SON | 464 Pa. Ave. NW. ¥ranklin 539 | Always Make these Auto Resolutions or the New Year / 1. Tll save myself at least some of my automobile worries by.using AMOCO-GAS, the Original and Safe Motor Fuel. .4 I'll make better time, have more power, get rid of carbon, and save money by getting more mileage per gallon. 3. I'll not condemn the machine I'm running until I give it a fair chance to do its best. Ill keep the tank filled with AMOCO-GAS.. 4. I'll keep these resolutions and make sure when I stop for fuel it will be at the Green Pump bearing AMOCO-GAS globe and I'll get the Original Special Motor Fuel—