Mobile home landlord loses in court in effort to kick out tenant early

2022-07-14 09:06:01 By : Mr. Victory Group

Mobile homes are seen in Saratoga Lakeview Mobile Park on Wednesday, March 3, 2021 in Saratoga Springs, N.Y. The owner of the land sold this property to a new owner who plans to use it for development, but agreed to let tenants stay for five years. Now he's lost in court in an effort to evict one tenant early. (Lori Van Buren/Times Union)

SARATOGA – A tenant won a victory Tuesday night in the fight for Saratoga Lakeview Mobile Home Park.

The new owner of the park, Michael Giovanone, tried to evict one of the most outspoken tenants, Angela Kaufman. Town Judge Daniel Waldron dismissed the case Tuesday after hours of testimony.

"I've been in business 50 years. You win some, you lose some. Life goes on," he said. "I have no animosity toward anyone. It was a spirited hearing. I followed the system, we both followed the system, and Ms. Kaufman won, we didn’t."

When the longtime owner of the park decided to sell, tenants tried to save their homes by buying the land underneath them. An organizing effort was heading toward success with raising the money needed. But Giovanone won the purchase in 2021, partly by promising that he wouldn’t kick the tenants out for five years.

The mobile homes are largely too old to be moved to another park, even if tenants could afford the cost of moving them.

Kaufman is not going quietly. She held a protest when the owner cut down trees. She’s organized neighbors to fight the situation. Giovanone started eviction proceedings, saying that she trespassed by knocking on her neighbors’ doors, replaced her roof without a town permit, and other violations. (A town inspector declined to ticket Kaufman for the roof repairs, saying it was done before he took office.)

In court, Giovanone submitted letters saying tenants were moving out because of Kaufman, she said.

“In our lease, we’re not allowed to knock on doors,” Kaufman said. “The judge was very fair about First Amendment. He said neighbors ring doorbells, if you don’t want to answer you don’t.”

One tenant testified for Giovanone, though Kaufman said she felt the testimony supported her side of the story. She felt the submitted letters were not truthful, she said, but she isn’t holding it against her neighbors.

“They are here not because they want to be … I know the circumstances they’re in, this guy has been leaning very heavily on them,” she said. “Even if people didn’t want to stay, who can afford to move?”

The victory may be short-lived. She acknowledged that even if her landlord does not appeal, in four years the tenants will all have to leave. She cannot afford to go.

“I’m going to stay here till the very last. It’s hard to plan after that point,” she said. “I never intend to give another dollar to a landlord after this. I’d rather live in a tent.”

Kathleen grew up in Glenville and now lives in Schenectady. She has covered the Capital Region for various newspapers since 2000, focusing on the interesting people who breathe life into their towns, villages and cities. She is the Times Union's education reporter. You can reach her at Kathleen.Moore@timesunion.com or 518-918-5497.