Bankruptcy Stay Doesn't Halt Eviction Based on Apartment Conditions

April 30, 2009

LVT Number: #21190

Landlord sued to evict tenant for nuisance, based on “Collyer” conditions of debris that created health and fire risks in tenant’s apartment. The court ruled for landlord and issued an eviction warrant. Tenant then filed for bankruptcy in federal court, which resulted in a stay of the eviction. Landlord asked the bankruptcy court to lift the stay. The court ruled for landlord. The judgment in the eviction case was issued before tenant filed for bankruptcy. And paying any money owed wouldn’t cure tenant’s lease violation.

Landlord sued to evict tenant for nuisance, based on “Collyer” conditions of debris that created health and fire risks in tenant’s apartment. The court ruled for landlord and issued an eviction warrant. Tenant then filed for bankruptcy in federal court, which resulted in a stay of the eviction. Landlord asked the bankruptcy court to lift the stay. The court ruled for landlord. The judgment in the eviction case was issued before tenant filed for bankruptcy. And paying any money owed wouldn’t cure tenant’s lease violation. Since the eviction case was based on claims not involving rent, the automatic stay under Bankruptcy Code Section 362 didn’t apply.

In Re: Griggsby: NYLJ, 4/23/09, p. 30, col. 3 (SDNY; Glenn, J)

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