Russ Feingold: “this amendment is what we have referred to in this debate on the bankruptcy bill as the ``landlord-tenant amendment.''…”

“this amendment is what we have referred to in this debate on the bankruptcy bill as the ``landlord-tenant amendment.'' We had extensive debate on this amendment in November before we recessed for the year. We did make some progress in identifying the areas of dispute and, I think, in narrowing our differences as well. To remind my colleagues, this amendment is designed to reduce the harsh consequences of section 311 of the bill on tenants, while at the same time protecting legitimate financial interests of landlords. To review, current law provides for an automatic stay of eviction proceedings upon the filing of a bankruptcy case. Landlords can apply for relief from that stay so the eviction can proceed, but it is a process that often takes a few months. What section 311 of the bill does is eliminate the stay in all landlord-tenant cases so an eviction can proceed immediately, completely, regardless of the circumstances. What my amendment would do is allow tenants to remain in their apartments as they try to sort out the difficult consequences of bankruptcy, if--and only if--they are willing to pay the rent that comes due after they file for bankruptcy or that comes due within the 10 days before bankruptcy. If the tenant fails to pay rent, the stay can be lifted without further proceedings 15 days after the landlord provides notice to the court that the rent has not been paid.”