Kathy Hochul RuthAnne Visnauskas

Governor Commissioner

New York State Homes and Community Renewal

641 Lexington Avenue, 6th floor
New York, NY 10022

September 26, 2023

Giovanone Real Estate Partners LP

Attn: Michael Giovanone
4 Durham Road
Stillwater, NY 12170

DHCR Clarification Letter Re: Saratoga Lakeview Mobile Home Park and RPL 233

Greetings Mr. Giovanone,

New York State Homes and Community Renewal (“HCR”) is authorized to enforce the rights and
protections afforded to manufactured home park tenants throughout New York State pursuant to
Real Property Law § 233 (“RPL 233”).

It has come to HCR’s attention that you are failing to abide by the provisions of RPL 233 at
Saratoga Lakeview Mobile Home Park (“Park”) which you acquired in March 2021. Such
violations include, but are not limited to, change-in-use requirements as set forth in RPL 233. This
letter is also meant to remind you of your legal obligation to fulfill your duties under the Park’s
contract to purchase and the Certification you signed on March 31, 2021, prohibiting a change-in-
use of the Park for 60 months (5 years) from the date of your purchase of the Park on March 31,
2021. A copy of the Certification is enclosed for your records. HCR also considers you bound by
RPL 233’s stipend requirement for change-in-use.

In order to comply with RPL 233 and the law, you must take the following actions:

1. When required, provide all tenants with renewal leases that comport with RPL 233 through
the sixty (60) months that change-in-use of the property is prohibited;
2. Refrain from harassing, intimidating, and/or threatening tenants with eviction of any kind;
3. Maintain the Park’s essential services, including but not limited to, water and sewage
treatment, as per the warranty of habitability requirements under RPL 233(m);
4. Abide by the terms of the Promissory Note; and
5. Abide by the guidance set forth in the HCR Operational Bulletin re: occupancy of Mobile
Home Park lots and jurisdiction under RPL 233.

Your failure to comply with the above directives may result in further administrative and legal
actions by HCR.
HCR recently issued an Operational Bulletin re: occupancy of Mobile Home Park lots and
jurisdiction under RPL 233, which provides guidance to mobile home park owners to help them
comply with the law. Please contact me at Jordan.Fried@hcr.ny.gov or (212) 872-0474 if you have
any questions.

Sincerely,

Jordan Fried
Associate Attorney
Homes and Community Renewal