In Matter of Hamlin (supra, p. 414) the court said: “ As bearing upon the intention of the legislature of this state in the enactment of a statute we may consider such historical or other facts as are reasonably within the scope of judicial cognizance.”
In the Archer case (supra, p. 22) the court said: “ We may consider, in addition to the language, the relevant conditions existing when it was adopted, the evils it was designed to remedy and the reasons for and the spirit of the enactment.”
Prior to the depression real estate in this State had a substantial background of value and monetary return and landlords generally met their contractual obligation to the tenant to return deposits of security made under leases. With the advent of the financial depression and the tumbling of real property values, followed by a very large number of mortgage foreclosures, the financial standing of landlords became greatly impaired and in a great number of instances destroyed, with resulting insolvency, and the tenant suffered not alone the loss of his leasehold estate, but the loss of the deposit of his security, as well. The tenant had no protection whatever against this contingency and generally relied on the hope, much unfulfilled, that his landlord would be able to make return of the deposit of security.
The position of the tenant, in this respect, was precarious; he was subject to the danger of an eviction by paramount title, which frequently occurred, and the loss of his deposit of security, as well. This condition and evil became one of great gravity; it was particularly so in the city of New York, to which the courts alluded, from time to time, with suggestion for correction by legislative action.