TENEMENT HOUSE LEGISLATION

Both in England and America housing conditions have been the subject of investigation since the early part of the 19th century, but with the rapid growth of cities during the last few decades this study has become extensive and intense. New York furnished the first and worst form of tenement dwelling, and with the growth of the city, the tremendous increase in immigration, the congestion of population, and the erection of six and eight story buildings on twenty-five foot lots as the uniform type of tenement dwelling up to the passage of the present law, still presents the worst tenement house conditions in the world. Serious conditions, however, have come to light in a large number of cities, as Boston, Baltimore, Philadelphia, Chicago and Washington, and the present tendency would seem to be to legislate not only to remedy conditions already extant, but by preventive legislation to forestall the development of a problem like that of New York's, and to avoid the attendant economic and social losses, as evidenced by the number of regulations passed during the last two years.

Naturally the most important and most useful laws in a compilation of this kind are to be found in those cities which have had the most serious situation to

face-New York, Boston, Philadelphia, Pittsburg, Chicago and Baltimore. The New Jersey law is important as being applicable to the entire state, and the most minute in its requirements.

So far only four states (barring Wisconsin, in which the law was held unconstitutional) have passed general tenement house laws-New York, New Jersey, Pennsylvania and Connecticut. The Massachusetts legislature, however, passed the Boston Building Code which is among the best regulations.

Among the cities which have ordinances regulating tenement houses, Chicago, Baltimore, Cleveland and San Francisco have the best.

CONSTITUTIONALITY

The constitutionality of tenement house legislation has been firmly established, in the so-called "Moeschen Case" (Tenement House Department vs. Katie Moeschen, N. Y. 89 App. Div. 526, 179 N. Y. 325) which was instituted for the purpose of testing the constitutionality of the New York tenement house law and was finally decided in the United States Supreme Court in 1906. The litigation was begun in a suit in the Municipal Court of New York City, and was carried successively to the Appellate Division of the Supreme Court, to the Court of Appeals, and finally to the United States Supreme Court, which affirmed the deisions of the various New York Courts.

In reviewing this case the third report of the tenement house department (page 140) says: "The decisions of the courts in these cases are far reaching in

their effect. Indeed the Moeschen case is a milestone in litigation relating to the enforcement of laws pertaining to health and sanitation. One peculiarly gratifying feature of the Moeschen case was that every decision rendered upon it was unanimous and in no case was there at dissenting vote. In after years it will constantly be referred to both in this and in every state in the Union."

So far as known to the writer at the present time the Wisconsin law is the only one that has ever been held to be unconstitutional either in its entirety or in any of its provisions, but its violations of good law making, both in some of the provisions which it contained and in others which it omitted, were so flagrant, that the decision in the case of Bonnett v. Vallier (116 N. W. Rep. 885) can scarcely be looked upon as a precedent.

LAWS REGULATING TENEMENT HOUSES IN THE UNITED STATES

New York. New York was the first state to pass a special tenement house law and its law has served as a model for most tenement house legislation since. It was passed in its present form in 1901, and applies to cities of first class, or those having a population of 250,000 or over, i. e., to New York and Buffalo. The original act comprises Chapter 334 and 555, Laws of 1901, and has since been amended by Chapter 352, Laws of 1902; Chapter 179, Laws of 1903; Chapter 346, Laws of 1904; Chapter 507, Laws of 1905 and Chapter 250, Laws of 1908. The constitutionality of the Tenement House Law was decisively determined in the case of Tenement House Department vs. Katie Moeschen, 1906.

New Jersey. New Jersey has a state law regulating tenement houses, entitled "An act to improve the condition of tenement-houses in this state and to establish a state board of tenement-house supervision," being Chapter 61, Public Laws of New Jersey, approved March 25, 1904, and the amendments thereto approved March 31, 1905. This law applies to the entire state, is very minute and complete in its require

ments, and follows the general outline of the New York law, although not so stringent as a whole, in most of its regulations. Its constitutionality has never been questioned. It is the only state law, so far, applicable to the entire state, and not confined to cities of various classes.

Pennsylvania. Pennsylvania has two

tenement

house laws, one applicable to cities of the first class, or having a population of 1,000,000 or over, and another applicable to cities of the second class, or those having a population of 100,000 or over but less than 1,000,000. Philadelphia is the only city of the first class, Pittsburg and Scranton those of the second class. The law for first class cities was approved June 5, 1895. (P. L. 1895, pp. 178).

The legislature of 1907 passed another act, (No. 300, Laws 1907) further regulating tenement houses in cities of the first class, and requiring those owning or conducting them to secure a license from the mayor, and providing for their quarterly inspection by the inspectors of the Department of Public Health and Charities.

The laws for second class cities were passed March 25, 1903, (1903 P. L. pp. 54) and March 30, 1903 (1903 P. L. pp. 110). The latter has reference to construction under the Building Department and the former to light and ventilation under the Health Depart

ment.

The laws for both classes of cities are supplemented by the general building regulations for cities of that class on points not covered by the tenement house laws.