Class Action Attorney Claims Luxury Apartment Complex Deprives Residents Of Promised Access To Pool

Pool Access Class Action Lawsuit Overview: 

• Who: C.K. Lee, a class action attorney, filed a class action lawsuit against UDR Inc. 
• Why: Lee claims a New York luxury rental complex owned by UDR unlawfully restricts residents’ pool access by renting it out to third parties.
• Where: The class action lawsuit was filed in New York federal court.

UDR Inc., owners of New York luxury rental complex Columbus Square, rent out the complex’s swimming pool to a local swimming school during hours the pool should be available to residents, a new class action lawsuit alleges. 

Plaintiff C.K. Lee, a class action attorney and founder of Lee Litigation Group, claims residents at Columbus Square are falsely promised access to its 70-foot lap pool from 6 a.m. to 10 p.m. on weekdays and from 7 a.m. to 8 p.m. on weekends. 

Lee, who wants to represent himself and other Columbus Square residents, argues the pool is, in fact, off-limits for large portions of each day since it is being rented out to nonresidents. 

Further, the promised access to the complex’s pool either “substantially induced” or was material to residents’ choosing to rent at the complex, the class action lawsuit alleges. 

frequent offender, according to Lee, is SwimJim, a local swim school that he claims uses the complex’s pool between 10 a.m. to 6 p.m. on weekdays and from 9 a.m. to 1 p.m. on weekends. 

Pool Has Become Less Accessible To Residents Since Pandemic

Lee argues the pool has become even less accessible to residents since the pandemic.

“Prior to the Pandemic in March 2020, Defendants would always keep at least one lane open for access by residents, even when the pool was otherwise being used for swimming lessons. Now, however, Defendants do not even attempt to maintain the normal business hours listed on their website,” the class action lawsuit states. 

Lee claims renting the pool out to a third party while restricting residents’ access is a breach of contract and violates New York State consumer fraud laws. 

“Plaintiff and the Class did not know, and had no reason to know, that Defendants would be renting out their pool to make some extra cash,” the lawsuit states.  

Lee claims UDR is guilty of unjust enrichment, breach of contract, and common law fraud, and in violation of New York General Business Law. 

Plaintiff is demanding a jury trial and requesting compensatory, punitive, actual and/or statutory damages for himself and all Class Members. 

A separate class action lawsuit involving New York property managers was dismissed in 2013 after renters unsuccessfully argued their rents should be reduced due to alleged violations of their buildings’ warranty of habitability, following damage they incurred from Hurricane Sandy. 

Have you been denied pool access during hours that should be available? Let us know in the comments! 

The plaintiff is represented by Rony Guldmann of Lee Litigation Group, PLLC. 

The Pool Access Class Action Lawsuit Overview is Lee v. UDR, Inc., et al., Case No. 1:22-cv-00505, in the U.S. District Court for the Southern District of New York.

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