Eviction Delayed, Pending Bankruptcy Case

January 1, 2001

LVT Number: 14633

Landlord NYCHA sued to evict tenant, who had been the building super, after her employment ended. On the day before the trial was scheduled in housing court, tenant filed for bankruptcy, which automatically delays any creditors from taking a debtor's property. This delay doesn't apply if a creditor, such as tenant, has no ``interest'' in the property in question. Landlord claimed that there should be no delay, arguing that tenant no longer had an interest in the apartment because her interest was terminated when her employment ended. The court ruled against landlord.

Landlord NYCHA sued to evict tenant, who had been the building super, after her employment ended. On the day before the trial was scheduled in housing court, tenant filed for bankruptcy, which automatically delays any creditors from taking a debtor's property. This delay doesn't apply if a creditor, such as tenant, has no ``interest'' in the property in question. Landlord claimed that there should be no delay, arguing that tenant no longer had an interest in the apartment because her interest was terminated when her employment ended. The court ruled against landlord. Tenant has an interest in the apartment until such time as landlord gets a judgment and eviction warrant against her.

NYCHA v. Hamilton: NYLJ, 12/13/00, p. 27, col. 6 (Civ. Ct. NY; Malatzky, J)

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