The battle to stay in his East Village rent-stabilized apartment, where he pays $872 a month, has McMillan fighting the landlord, Lisco Holdings, in court.

McMillan's attorney, John DeMaio, said Lisco Holdings had brought a case against McMillan a few years ago. While dealing with this issue, DeMaio says McMillan's rent became overdue.

McMillan says there's a disagreement over the late rent, and he has records, he claims, to show he paid.

He says a housing court judge recently refused to allow him to pay most of an amount that was due, and the eviction order was issued.