Seniors at the Prospect Park Residence Will Have Their Day in Court

Thanks to the efforts of The Legal Aid Society; Fitzpatrick, Cella, Harper & Scinto; and MFY Legal Services challenging the improper closure, seniors at the Prospect Park Residence will have their day in court.

The Honorable Wayne Saitta denied the motion of the NY'S Department of Health and the landlord of the PPR to dismiss the case. "With this decision, the residents can finally move forward to prove that the DOH and PPR acted completely illegally in closing the residence," said Judith Goldiner, Attorney in Charge, of the Civil Law Reform Unit of The Legal Aid Society.

"This was a wise and fair decision by Judge Saitta, and will allow the courageous seniors of the Prospect Park Residence to have their case heard at trial, despite the request of the despicable owner Haysha Deitsch and the Cuomo Administration's NYS Department of Health to dismiss the case,” said City Councilman Brad Lander in an announcement about the ruling.

The landlord is forcing seniors out of the assisted living facility so the building can be converted into luxury condos.

Judge Saitta repeatedly ordered the landlord to maintain services at the facility, but residents say those orders were ignored. Recently Judge Saitta had to order the landlord to keep the air conditioning on in the building on hot days.

The seniors, who include a Holocaust survivor and a 100-year-old, sued after the landlord abruptly announced that he was closing Prospect Park Residence, leaving residents just 90 days to find new homes. Since then most of the 130 residents have left, but a handful remain.