A Brooklyn federal judge has tossed a suit filed by Jimmy McMillan, the perennial political candidate who heads the Rent is Too Damn High Party, seeking to stay his eviction from a rent-controlled East Village apartment.
His landlord, Lisco Holdings Inc., plans to boot the ornately bearded cult figure on Feb. 5 because it claims he isn’t using the $872-per-month pad as his primary residence, in violation of rent laws.
Claiming that he was being extorted by Lisco because the firm wanted him out of the apartment, McMillan filed a lawsuit last week hoping to halt the eviction process, which has been dragging on since 2011.
But federal Judge John Gleeson dumped the case Thursday, ruling that McMillan failed to show that he was a victim of discrimination.
Gleeson also stated that federal courts don’t have jurisdiction in landlord-tenant disputes.
Lisco claims McMillan doesn’t use the apartment on St. Marks Place as his main residence and actually resides in Brooklyn.
McMillan — who drew raves during the 2010 gubernatorial election for decrying ballooning rents — claimed that he uses the Brooklyn space only as an office and countersued for $1.3 million.
The Vietnam War vet, former letter carrier and martial-arts expert first ran for mayor in 1993.
