Tenant Filed for Bankruptcy

Facts: Landlord sued to evict tenant for nonpayment of rent. The court granted landlord a warrant of eviction. Landlord and tenant then signed a stipulation delaying the eviction warrant until July 16 provided that tenant pay back rent. On July 29, tenant asked the court to vacate the judgment. On August 7, the court ruled that the eviction warrant would be delayed. On Sept. 9, tenant filed for bankruptcy. In December, landlord sent a 72-hour eviction notice to tenant. Tenant then asked the court to delay the eviction because she'd filed for bankruptcy and was up-to-date with payments to the bankruptcy court trustee. Landlord claimed that there should be no delay because tenant didn't apply for bankruptcy until after the final judgment was entered and the eviction warrant issued. So there was no landlord-tenant relationship by the time tenant applied. Court: Tenant wins. When the eviction was delayed in August, landlord received rent payments from DSS on tenant's behalf. And because tenant was rent-stabilized, the tenancy wasn't terminated until the eviction warrant was issued in December 1996. By that time, tenant had gotten the stay from the bankruptcy court. Landlord could seek relief from the bankruptcy court.

Eight-17 Assocs. v. Geran: NYLJ, p. 26, col. 4 (3/19/97) (Civ. Ct. NY; Birnbaum, J)