People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992)

In pertinent part, the applicable statutory section reads as follows: "No mobile home park owner or operator shall serve a notice to quit upon any mobile home tenant * * * in retaliation for: (a) A good faith complaint * * * to a governmental authority of the mobile home park owner’s or operator’s alleged violation of any health or safety law, regulation, code, or ordinance, or any law or regulation which has as its objective the regulation of premises used for dwelling purposes” (Real Property Law § 233 [n] [1]). While the tenants in this case claim that the notice to evict was served in response to the complaints to governmental agencies, respondents deny this allegation and claim that it was served due to a misunderstanding over who was responsible for repairs. An examination of the notice to quit contained in the record states on its face that it was served because of the tenants’ failure to maintain the sewer system. No mention was made of any formal complaints made by the tenants as the cause of the eviction notice.