Landlords moved to strike tenants’ affirmative defenses and counterclaim, and tenants cross-moved to dismiss pursuant to “CPLR 3211 (a) and 3212.” In support of their cross motion, tenants argued that they were “non-purchasing tenants” because they were persons “to whom a dwelling unit is rented subsequent to the effective date” of the conversion plan (General Business Law § 352-eeee [1] [e]), that the lease offered them by landlords contained an unconscionable rent increase in violation of General Business Law § 352-eeee (2) (c) (iv), and that the eviction was retaliatory. They averred as follows: The building was converted in 1987. They moved into their apartment in February 1992 pursuant to a one-year lease at a rent of $625. Upon the expiration of that lease, landlords commenced a holdover proceeding, which proceeding was discontinued with prejudice after tenants claimed that they were “non-purchasing tenants.” After discontinuing the holdover proceeding, landlords commenced a nonpayment proceeding, which was ultimately settled, with tenants agreeing to pay $7,000 in arrears and landlords agreeing to, inter alia, give tenants a two-year renewal lease (commencing July 1, 1994) at a rent of $500 per month. In the interim, tenants had commenced a Housing Part (HP) proceeding (and they subsequently commenced a second HP proceeding) to compel landlords to repair numerous problems in the apartment. Despite the HP proceedings, landlords resisted making the repairs and did not complete them until April 1996. It was only upon the completion of the repairs that landlords, in November 1996, offered tenants a renewal lease at a proposed rent of $850 per month, a 70% increase over the $500 they had been paying. Tenants rejected this lease because, inter alia, they were advised by Legal Aid that the Jiggetts program would not pay more than $700 per month toward their rent.