Miller v. Valley Forge Village

OPINION OF THE COURT

Wachtler, J.

In this declaratory judgment action against the owner of a mobile home park, a small group of individuals who rent space from the defendant challenge park rules banning “For Sale” signs and restricting air-conditioner installations. Although all of the park’s tenants consented to these regulations before taking occupancy, the plaintiffs contend that two rules in particular undermine broad protections guaranteed by section 233 of the Real Property Law and are therefore unenforceable.

In the plaintiffs’ view, because section 233 (subd f, par 3, cl [e])…