2021 NY Slip Op 21233

700 Bklyn Realty, LLC v Latimi (2021 NY Slip Op 21233)

700 Bklyn Realty, LLC v Latimi

2021 NY Slip Op 21233 [73 Misc 3d 11]

Accepted for Miscellaneous Reports Publication

Supreme Court, Appellate Term, Second Department, 2d, 11th
and 13th Judicial Districts

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 10, 2021

[*1]

700 Bklyn Realty, LLC, et al., Appellants,
v
Charlene Latimi, Also Known as Charlene Latimi-Tanniehill, Respondent, et al.,
Undertenants.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts, September 3, 2021

APPEARANCES OF COUNSEL

Kaufman Friedman Plotnicki & Grun, LLP (Ari Grun of counsel) for appellants.

Ellery Ireland for Charlene Latimi, also known as Charlene Latimi-Tanniehill, respondent.

{**73 Misc 3d at 12} OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

Landlords commenced this holdover proceeding to recover possession of a rent-stabilized apartment on the ground that tenant, who participates in a Section 8 program administered by the New York City Housing Authority (NYCHA), did not use the apartment as her primary residence as required by Rent Stabilization Code (RSC) (9 NYCRR) § 2524.4 (c).