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Judge Gary F. Marton

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Respondents, Hector and Destiny Gomez, father and daughter, respectively, sought summary judgment dismissal of landlord’s alleged licensee holdover proceeding. Landlord alleged respondents’ right to occupy the premises were derivative of tenant of record Julio Gomez’s, but expired upon his death. Hector stated Julio was his father, and Destiny’s grandfather, and as such they both acquired remaining family member status, having an independent right to succeed to the tenancy. Landlord claimed neither Hector, nor Destiny had remaining family status to succeed to Julio’s tenancy as neither were listed on an annual certification of household income and composition he filed. Yet, the court stated it had been repeatedly held that landlord’s argument was adequately countered and outweighed by other considerations, including, as here, the maintenance of family cohesion, and an occupant’s lengthy residency. It found as Destiny was a minor for whom Hector was responsible, and Hector’s credible testimony and documents corroborated his testimony that he resided in the premises sine 2007, same were accorded full probative weight. Thus, it was bound by prior rulings, granted the requested relief and dismissed the proceeding.