Landlord Can Evict Bankrupt Tenant

April 1, 2004

LVT Number: 17212

Landlord sued to evict tenant for nonpayment of rent. Tenant's substantial accrual of back rent owed resulted after a final DHCR determination of tenant's legal rent. Tenant declared bankruptcy and argued that landlord couldn't evict him because he no longer had to pay the back rent. The court ruled for tenant, and landlord appealed. Two appeals courts ruled for landlord. Tenant's discharge in bankruptcy barred landlord from collecting the back rent owed. But the underlying debt wasn't extinguished and wasn't the equivalent of payment.

Landlord sued to evict tenant for nonpayment of rent. Tenant's substantial accrual of back rent owed resulted after a final DHCR determination of tenant's legal rent. Tenant declared bankruptcy and argued that landlord couldn't evict him because he no longer had to pay the back rent. The court ruled for tenant, and landlord appealed. Two appeals courts ruled for landlord. Tenant's discharge in bankruptcy barred landlord from collecting the back rent owed. But the underlying debt wasn't extinguished and wasn't the equivalent of payment. So landlord was entitled to proceed to evict tenant for nonpayment.

Dulac v. Dabrowski: NYLJ, 3/1/04, p. 29, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Saxe, Lerner, JJ)

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