Tenants & Advocates Win Moratorium on 300+ Open Eviction Cases at Flatbush Gardens, Demand Landlord Comply with Terms of $191M City Tax Break

Brooklyn, NY:  In an unprecedented win, United Tenants of Flatbush Gardens (UTFG), Flatbush Tenant Coalition (FTC), and Brooklyn Legal Services’ Tenant Rights Coalition worked with NYC Department of Housing Preservation and Development (HPD) and the Mayor’s Office to Protect Tenants (MoPT) to obtain a moratorium that pauses more than 300 open eviction cases filed by David & JJ Bistricer, notorious landlords of the 59-building complex that contains approximately 2,500 rent stabilized apartments and is home to roughly 7,000 low-to-moderate income New Yorkers. 

“Today, I stand proud of what we’ve accomplished together,” said Ms. Prince, a UTFG & FTC tenant leader. “We fought hard and won the moratorium, the eviction cases are paused. This is a critical step in protecting our tenants and giving families the stability they deserve.  And, while this moment reflects progress, our work is far from over. In the months ahead of us in this moratorium, we remain committed to pushing forward, strengthening protections, and ensuring that every tenant at Flatbush Garden has a safe and secure place to call home, united and determined!”

These eviction cases are riddled with problems and irregularities, including:

• an overwhelming number of defaults that frequently signal that tenants never received notice of the lawsuit. This prevents tenants from asserting defenses and restricts tenants’ access to Right to Counsel attorneys.
• a multitude of improper rent demands with fatal defects including, but not limited to:
  
  • suing tenants for subsidy portions of the rent, which is not collectible from tenants;
  • Suing for monies tenants can prove they already paid, either from other publicly recorded court cases or the landlord’s own ledgers;
  • Improperly seeking monies from deceased tenants, even after tenants informed the landlord of their passing;
  • Filing court cases on behalf of parties not entitled to collect rent from tenants under the rent stabilized leases or the building’s regulatory agreement;

For months now, tenants and advocates have worked with HPD and the Mayor’s Office to Protect Tenants to demand that all Flatbush Gardens eviction cases be paused until the Bistricers come to the table to resolve these issues, as well as make necessary repairs and cease tenant harassment, without the threat of homelessness hanging over tenants’ heads. 

Last week, the City confirmed that the Bistricer’s “place[d] a moratorium on all non-payment and holdover cases involving tenants at Flatbush Gardens, including both current and new legal proceedings.”  Tenants are hopeful that the Bistricers will agree to meet with them in the months ahead so that each tenant with a paused eviction case can access a community of support with fellow tenants and advocates, and to reach resolution in their cases.

The Bistricers have filed over 975 eviction cases against tenants at Flatbush Gardens since signing a $191M regulatory agreement in June 2023 that was meant to address the Bistricers’ 3,000+ housing code violations while simultaneously keeping Flatbush Gardens residents stably housed and out of the city’s shelter system. 

“I am happy that the United Tenants of Flatbush Gardens secured an eviction pause and stopped the landlord from starting new eviction cases. This is an incredible win for tenants,” said Steve Hemraj. an UTFG & FTC tenant leader. “We stand with HPD and The Mayor’s Office to Protect Tenants to enforce the city’s regulatory agreement with the Bistricers, a 40 year tax exemption worth $191M. If I live that long, I will be 95 years old when the Bistricers and Clipper Equity starts paying city taxes again. As a tenant who was facing eviction for a rent abatement for lack of heat that continued through this winter, and fighting a landlord who repeatedly refused to make repairs, I believe I am not the only tenant this has happened to. It is time the Bistricers fix all the apartments, fully comply with the regulatory agreement, and meet with UTFG, FTC, and BLS TRC to make sure that no Flatbush Gardens tenant loses their home or lives in unsafe conditions.”

“Being threatened with eviction is inhuman and cruel,” said Paulette James, an FTC Steering Committee Member & UTFG tenant leader. “When you face eviction, you face being thrown out on the street with all your belongings to die slowly. This pause on eviction cases gives tenants the chance to support one another and finally get respect from this landlord.”

“This moratorium on eviction cases at Flatbush Gardens is an early test for Mayor Mamdani’s vision for addressing NYC’s affordability and homelessness crisis. Will these public-private partnerships he’s championing operate as business as usual, benefiting only those at the top? Or will this Administration enforce the City’s regulatory agreements to ensure residents truly see the benefits?,” said Aga Trojniak, Director of Flatbush Tenant Coalition. “At a minimum, enforcing this regulatory agreement means holding the Bistricers accountable for meeting their obligations – using the $191M in city support to promptly fix housing code violations and comply with rent and eviction laws. We are hopeful this Administration will set a new standard and deliver on that promise.”

“We are thankful for HPD and the Mayor’s Office to Protect Tenant’s partnership in pausing these eviction cases, which will give tenants the time they need to avail themselves of their housing rights while remaining housed,” said Catherine Barreda, Director, Brooklyn Legal Services’ Tenant Rights Coalition. “We look forward to working with the City and the Bistricers in the months ahead to make sure the terms of the regulatory agreement and all housing laws are followed. Until then, no eviction cases should move forward.”

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