Misadvertised Apartment Listing

[RunNYC123]

Would love to hear any thoughts on my current situation.

My current apartment was listed as rent stabilized and I signed the lease under that impression. It was only after the lease signing that I saw that the lease was a standard one, not for a stabilized unit. The realtor confirmed that she made a mistake on the listing and corrected it as soon as she realized. However, she never updated me before signing the lease.

I'd like to understand if there's any recourse on this situation or what my various options are. I essentially want what I thought I was signing for.

[TenantNet]

Mistakes can happen and there's a solution for that: fix it ASAP. But it may depend on if it really was a true mistake or if there was fraud behind it, and if you relied on it in making your decision. Was the mistake material, of course, a RS unit can limit your rent and require services. Did you rely on it in your renting decision? Seems so. You don't say if they changed the rent once they discovered the mistake, i.e., after you moved in. Even if not, they would be stuck with the RS (lower) rent for one lease term, and if really not RS, they could jack it up.

I'd look at the term "rescission," which according to Wikipedia, says "In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence..."

What if you don't want to cancel and move. You already spent money moving in and you like the neighborhood. I'd see a tenant lawyer to see your options. You could challenge things in DHCR or the courts. That might be a tough haul, but look into it.