Edgar A. Levy Leasing Co. v. Siegel

Citations

• 258 U.S. 242
• 42 S. Ct. 289
• 66 L. Ed. 595
• 1922 U.S. LEXIS 2265

Syllabus

<p>1. Chapters 942 and 947 of the New York Housing Laws, which suspend the landlord's right of action to recover possession from his tenant,' except under specified conditions, and c. 944, providing that, in an action for rent under an agreement for premises oceupied for dwelling purposes it shall be a defense that the rent is unjust and unreasonable and the agreement oppressive, but permitting the landlord to jilead; prove and recover a fair and reasonable rent, arc constitutional. P. 245. Marcus Brown Holding Co. v. Feldman, 250 U. S. 170.</p> <p>2. The obligation to pay specified rent can not be said to be impaired by a limitation on the recovery to what is fair and reasonable, made by a statute existing when the lease was made and carried into a subsequent statute. P. 248.</p> <p>3. A statute making it a defense in an action for rent that the rent agreed is unjust and unreasonable .and the agreement oppressive, jirovides a standard sufficiently definite to satisfy the due process clause of the Constitution. P. 249. United States v. Cohen Grocery Co., 255 U. S. 81, distinguished.</p>