A New York judge has ruled in favor of residents of an embattled assisted living facility who claim the facility’s owner is forcing them out so he can convert the building into high-end condos.

Judge Wayne Saitta threw out a motion to dismiss the residents’ case against Prospect Park Residence and its owner, Haysha Deitsch. Residents claim Deitsch has made the facility “unlivable” so they’ll vacate, and he can sell the building to luxury condo developers.

Since Deitsch’s announcement in March 2014 that Prospect Park Residence would be closing, most of the facility’s 130 residents have left. The remaining residents, however, accuse Deitsch of refusing to turn on the air conditioning, dimming hallway lights, providing meager meal plans and keeping the facility understaffed.

This article originally appeared on McKnight's