Bankrupt Tenant Can Avoid Eviction by Paying Back Rent Owed

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $18,000. Tenant then declared bankruptcy. This stopped the nonpayment case from going forward. Landlord got permission from the bankruptcy court to continue the nonpayment case, although the bankruptcy court discharged tenant's $18,000 debt to landlord. Landlord then asked the housing court to award possession based on the $18,000 owed that wouldn't be paid. Landlord also asked the housing court for a money judgment for $4,800 in additional back rent now owed that wasn't covered by the bankruptcy court's discharge. The court ruled for landlord. Even though the bankruptcy court discharged tenant's $18,000 debt to landlord, tenant could avoid eviction only if he pays all back rent owed to landlord. The court would delay issuance of the eviction warrant for 10 days to give tenant a chance to pay.

Gateway Arms Realty Corp. v. Patterson: NYLJ, 5/5/04, p. 22, col. 1 (Civ. Ct. Richmond; Lansden, J)