Evicted Tenant Can't Pursue HP Proceeding

Tenant sued landlord in a 2010 housing court "HP" proceeding, seeking correction of a building violation based on a broken or defective intercom system. Tenant also asked the court for a rent abatement, claiming that the intercom had been broken since 2003. The court ruled against tenant, finding that tenant couldn't seek a rent abatement in an HP proceeding and that tenant prevented landlord from providing intercom service by refusing to give landlord a phone number to connect the service to. Tenant appealed and lost. Tenant had been evicted in 2010 in a separate eviction proceeding based on objectionable conduct. Tenant couldn't maintain an HP proceeding once he no longer lived in the apartment. And since no rent abatement can be awarded in an HP proceeding, tenant must sue landlord in a separate action if he sought to pursue that claim.

Elshiekh v. 76h Street Owners Corp.: 36 Misc.3d 139(A), 2012 NY Slip Op 51453(U) (App. T. 2 Dept.; 7/25/12; Pesce, PJ, Weston, Rios, JJ)