No Discrimination Against Bankrupt Tenants

January 1, 2006

LVT Number: 18546

Landlord sued to evict tenants for nonpayment of rent. Tenants then filed for bankruptcy. The bankruptcy filing automatically delayed the nonpayment case, but eventually the bankruptcy court let the nonpayment case go forward. The housing court then ruled for landlord and issued a judgment for possession. Tenants appealed. The appeals court gave tenants a delay of the eviction order based on certain conditions. Landlord later asked the appeals court to stop the delay because tenants didn't comply with the conditions. The court ruled for landlord, stopping all delays pending appeal.

Landlord sued to evict tenants for nonpayment of rent. Tenants then filed for bankruptcy. The bankruptcy filing automatically delayed the nonpayment case, but eventually the bankruptcy court let the nonpayment case go forward. The housing court then ruled for landlord and issued a judgment for possession. Tenants appealed. The appeals court gave tenants a delay of the eviction order based on certain conditions. Landlord later asked the appeals court to stop the delay because tenants didn't comply with the conditions. The court ruled for landlord, stopping all delays pending appeal. Tenants then filed a lawsuit in federal court, claiming discrimination. They said that landlord made it more difficult for African-Americans and Hispanics to rent apartments at the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenants presented no facts in support of their claim.

DeSouza v. PWV Acquisitions LLC: NYLJ, 12/7/05, p. 22, col. 3 (S.D.N.Y.; Sweet, J)

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