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In New York, it\u2019s atypical for leases to make mention of amenities, but according to Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law<\/a> representing residential tenants, condo owners and landlords, that\u2019s the first place to start to determine your options.\u00a0<\/p>\n \u201cYou could actually be entitled to a reduction in rent if the lease explicitly states the provision of certain amenities but fails to provide them,\u201d Pierre-Outerbridge said. \u201cThe building would be in breach of contract.\u201d\u00a0<\/p>\n If your lease does include amenities, your rent would in theory apply toward amenities, and therefore should be reduced proportionally, since they aren\u2019t provided in practice. \u201cBut pricing out the exact reduction in rent for the lack of amenities is another thing,\u201d Pierre-Outerbridge said. \u201cYou may want to speak with a lawyer who has handled cases like this that can advise on whether the reduction offered to you is commensurate with the lacking amenities.\u201d\u00a0<\/p>\n Unfortunately, most leases <\/a>do not mention building amenities, so in your case, negotiating a rent decrease would be an uphill battle.\u00a0<\/p>\n \u201cWe\u2019re seeing a lot more fraudulent advertising in the New York rental market,\u201d Pierre-Outerbridge said. \u201cAI is making it all the more frustrating. People will jump on a listing that looks great in photos and rush through the viewing so that they won\u2019t lose out on the apartment without confirming the amenities that got their attention are there.\u201d\u00a0\u00a0<\/p>\n Further, what your lease probably does include is what\u2019s known as a merger clause. \u201cLuxury buildings typically include a merger clause in their leases,\u201d Pierre-Outerbridge said. \u201cA merger clause basically excludes any other written or verbal agreements and limits the agreement to the contract itself. So a landlord is not beholden to any promises made in an oral conversation, or in this case, an online advertisement.\u201d\u00a0<\/p>\n That doesn\u2019t mean you\u2019re out of options. \u201cJust because the contract isn\u2019t on your side doesn\u2019t mean you can\u2019t fight the rent increase,”<\/a>\u00a0Pierre-Outerbridge said. \u201cTalk to your neighbors. They are probably just as upset and facing similar rental increases, and you can make more noise as a collective.\u201d\u00a0<\/p>\n Pierre-Outerbridge suggested writing to your landlord on behalf of the group to try to negotiate a smaller increase.<\/a> \u201cIt\u2019s easy for a landlord to stiff-arm one person, but that gets harder and harder to do to a group of tenants,\u201d Pierre-Outerbridge said. \u201cIt\u2019s a shame how many landlords try to inflate their listings and refuse to deliver on their promises, so don\u2019t be afraid to let them know exactly how angry you are.\u201d\u00a0<\/p>\n If you aren\u2019t sure where to start, a lawyer can help you figure out the best way to present your argument to your landlord on behalf of you and your fellow tenants.\u00a0<\/p>\n \u201cIn all likelihood, your goal is for your rent not to go up at all,\u201d Pierre-Outerbridge said. \u201cBut a $500 monthly rent increase, especially when they\u2019ve misrepresented the building, is ludicrous. By pushing back and getting others involved, you can begin to assert some leverage.\u201d\u00a0\u00a0<\/p>\n Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here.<\/a> To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.<\/a><\/em><\/p>\n \u00a0<\/p>\n<\/div>\nWhere to start<\/h2>\n
Take it up a notch\u00a0<\/h2>\n