Tenant Moved to Hawaii and Declared Bankruptcy

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, who appealed and won. Tenant was admittedly in Hawaii for 14 months during the two-year “Golub” period before landlord terminated her tenancy. Tenant also filed a Chapter 7 bankruptcy petition in Hawaii during that period. Tenant claimed in her bankruptcy petition that she had lived in Hawaii for 180 days immediately preceding that filing and that she had moved to Hawaii within the two years immediately before the bankruptcy filing. She also stated in her bankruptcy papers that she had vacated the New York apartment in March 2005 and then moved to Hawaii. Tenant also didn’t list her unexpired rent-stabilized lease under Schedule G (executory contracts and unexpired leases) or Schedule C (property claimed as exempt) of her bankruptcy petition. The Bankruptcy Court issued an order of discharge for tenant in February 2006. The fact that tenant’s furniture and possessions remained in the New York apartment where her son lived didn’t change this result.

1568-1572 Third Avenue, LLC v. Beachley: 50 Misc.3d 140(A), 2016 NY Slip Op 50170(U) (App. T. 1 Dept.; 2/18/16; Schoenfeld, JP, Shulman, J)