Landlord Gave Required Notice

Landlord of trailer park sued to evict tenants who owned mobile homes in the park. Tenants asked the court to dismiss the case, claiming that landlord didn't comply with prerequisites of Real Property Law Section 233(b)(6). The court ruled against tenants. The law required landlord to send tenants a notice six months before starting eviction proceedings that informed tenants of landlord's proposed change of the use of the trailer park. Tenants claimed that landlord didn't demonstrate a good-faith intent to change the use of the trailer park and sought merely to replace them with other mobile home tenants. But the law required landlord only to notify tenants of a proposed change. The law didn't require landlord to show any good-faith intent. And landlord testified that it intended to convert the property into condominiums and submitted site plans prepared by an architect. In addition, in a prior case, a court had already rejected tenants' attempts to invalidate the six-month notice. The court awarded landlord possession and issued eviction warrants, which by law required an additional 90-day sheriff's notice to the mobile home owners.

STP Associates LLC v. Hess: 38 Misc.3d 1209(A), 2013 NY Slip Op 50035(U) (Dist. Ct. Nassau; 1/10/13; Fairgrieve, J)