Landlord Can Evict Manufactured-Home Tenants

Landlord sued to evict 25 month-to-month trailer owners from its manufactured home park. Landlord had given tenants six-month notices under Real Property Law (RPL) Section 233(b)(6)(i), stating that it proposed to change the use of the property. The court ruled for landlord. Tenants appealed and lost. Tenants claimed that: (1) landlord failed to notify all tenants at the same time; (2) the notices failed to terminate their tenancies; (3) landlord waived the notices by accepting rent after the expiration of the notice period; and (4) landlord didn't prove that it was actually planning to change the use of the property. In a prior case, an appeals court already ruled that landlord's notices were proper. The six-month notices technically weren't termination notices, so landlord's continued acceptance of rent after the expiration of the six-month notice period and prior to the effective dates of additional 30-day termination notices it sent tenants didn't create any waiver. And RPL Section 233(b)(6)(i) requires only that landlord "proposes" to change the use of the land. The law didn't require landlord to have a definite plan or show affirmative steps to implement the plan. Trial witnesses had testified about landlord's intent to convert the property to condominiums or apartments.

STP Associates LLC v. Hess: 2014 NY Slip Op 24241, 2014 WL 4249975 (App. T. 2 Dept.; 8/12/14; Iannacci, JP, Tolbert, Garguilo, JJ)