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Posted by N on May 22, 2000 at 17:21:06:

Situation: tenant of SRO of rent-stabilized room is sued for non-payment/eviction.

A tenant files bankruptcy and his debts are all discharged, including back rent.

Three and 1/2 years later the landlord files a non-payment/ eviction petition. He has applied his tenant's current rent toward the discharged debt from bankruptcy.

He claims that he is allowed to apply current rent toward the discharged rent debt because the tenant maintained his tenancy. Had the tenant moved out, he could not have collected rent.

Because of continued tenancy he is entitled to apply rent toward a discharged bankruptcy debt, the attorney maintains.

This is NYC.

Any comments? Sounds familiar??

N

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Comments:
: Situation: tenant of SRO of rent-stabilized room is sued for non-payment/eviction. 

: A tenant files bankruptcy and his debts are all discharged, including back rent.

: Three and 1/2 years later the landlord files a  non-payment/ eviction petition.  He has applied his tenant's current rent toward the discharged debt from bankruptcy.

: He claims that he is allowed to apply current rent toward the discharged rent debt because the tenant maintained his tenancy. Had the tenant moved out, he could not have collected rent.

: Because of continued tenancy he is entitled to apply rent toward a discharged bankruptcy debt, the attorney maintains.

: This is NYC.

: Any comments? Sounds familiar??

: N


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