Tenant Can't Get Rent Abatement in HP Proceeding

Tenant sued landlord in a housing court HP proceeding seeking correction of violations, including a broken or defective intercom system. Tenant also asked the court for a rent abatement, claiming he'd had no intercom service since 2003. The court ruled against tenant, who appealed and lost. By law, tenant wasn't entitled to a rent abatement in an HP proceeding. Tenants can seek only correction of violations in this type of case. And the court didn't order landlord to correct the intercom system since tenant had refused to provide landlord with a telephone number, which was needed to connect the intercom to tenant's apartment. In a separate proceeding, tenant had been evicted since the HP case was started. So, in addition, he could no longer pursue the case.

Elshiekh v. 76th Street Owners Corp.: NYLJ, 9/21/12, p. 30, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston, Rios, JJ)