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Larry Ratel, Landlord,<BR> v. <BR>Richard Tremblay, Tenant.

SCHENCK, J.

John F. Forner, Jr., for landlord. S. Robert Silverman for tenant. SCHENCK, J. The landlord, operator of premises known as the Sunset Trailer Park, has commenced proceedings to evict the tenant from a trailer lot which had been rented on a monthly basis and which had been occupied by the tenant for a period well in excess of one year prior to the commencement of these proceedings. It is conceded that the landlord has failed to to the requirements of the New York State Residential Rent Law and regulations thereunder. This conclusion can be reconciled with the above definition of "housing accommodation" when the preamble to the definition is taken into consideration. It therein appears that the definitions in chapter 443 of the Laws of 1951 govern "unless a different meaning clearly appears from the context". Here the context of the paragraph covering exclusions relative to trailer space clearly indicates that only transient trailer space is excluded. It is therefore my opinion that the landlord herein was under an obligation to comply with the provisions of the State law relative to notice to the Temporary State Housing Rent Commission. As there was failure to comply with these requirements the petition herein should be dismissed. In view of the novelty of the question submitted, no costs are awarded. An order may accordingly be entered.

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Ratel v. Tremblay
(Mar 12, 1952)