DIDN’T REALLY LIVE WITH GRANDMA?
Prospect Park Management commenced a licensee-holdover proceeding against Latonya Williams, claiming that the woman's right to occupy the rent-stabilized unit ended in April of 2013, upon the death of, Willette Johnson, the tenant-of-record.In response, Latonya alleged she was entitled to “succeed” to the unit, as the former tenant’s granddaughter; asserting that she occupied the unit for a two-year period preceding her grandmother’s death, as statutorily required by the rent laws.
After the Kings County Civil Court found against her, and awarded possession to the landlord, Latonya appealed to the Appellate Term, Second Department, which found “no basis to disturb the Civil Court’s determination,” since Latonya had failed to meet her "affirmative obligation" of providing proof that she primarily resided in the unit for the governing time-frame.
That didn’t succeed, at all.
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DECISION