Landlord Can Evict Manufactured-Home Park Tenants

Landlord sued to evict 25 mobile-home tenants from a manufactured home park. Tenants asked the court to dismiss the cases, claiming that landlord's termination notices were improper and that landlord failed to prove that it planned to change the use of the park. They also claimed that landlord continued to collect rent after sending the notices. The court ruled for landlord. Tenants appealed and lost. Landlord gave tenants the six-month notices required by Real Property Law Section 233(b)(6)(i), followed by 30-day termination notices. The notices advised tenants that landlord planned to change the use of the property. And since the six-month notices weren't termination notices, landlord properly collected rent for periods prior to the effective date of the 30-day termination notices. Landlord also only had to show that it intended to change the use of the property. By law, it didn't have to prove a definite plan or affirmative steps to implement that plan.

STP Associates, LLC v. Hess: DHCR Adm. Rev. Docket No. 2013-1298, NYLJ No. 1202669228957 (App. T. 2 Dept.; 8/14/14; Iannacci, JP, Tolbert, Garguillo, JJ)