Frequently Asked Questions

Why are residents required to convert their homes from JLWQA to residential?

The City claims that JLWQA apartment residents - most of whom are not certified artists - are living there illegally. Although the City’s policy for decades was not to enforce the rule, residents are now asked to convert their homes to a residential designation, which will be extremely costly, and in many cases is impossible.

Is the conversion of JLWQA apartments to residential voluntary?

In public hearings, the Department of City Planning represented that the conversion of JLWQA units to residential is voluntary. Nothing can be further from the truth!

This retroactive rezoning failed to grandfather current residents, who remain subject to fines and other enforcement actions, unless they convert their homes. As a result, the only people who are not allowed to live legally in SoHo and NoHo are the current residents.

Furthermore, JLWQA lofts are always part of larger co-ops or condo buildings. A conversion of any unit will trigger conversion requirements for the entire building, including for certified artists who are conforming with the zoning. For example, bringing light and air to the 2nd floor will force the certified artist on the 9th floor to convert their unit.

Is the conversion of JLWQA to residential use necessary?

Prior to the rezoning, JLWQA units in SoHo and NoHo could be legalized for residential use by a pre-determination issued by the NYC Department of Buildings. The rezoning eliminated this option (see zoning code 143-13) only for SoHo and NoHo, and only in order to force SoHo and NoHo residents to pay into the Arts Fund.

There is no precedent or justification for a City forcing a change of use group of functioning, safe apartments to another use group. No other JLWQA in NYC is required to undergo this very expensive, unnecessary, and in many cases impossible conversion.

How much will it cost homeowners to convert their JLWQA apartments?

The upfront, non-refundable, non-guaranteed conversion fee the City will charge is $100 per square foot (for example - a 2500 sf loft will be charged $250,000).

The conversion fee is just the beginning of the process. The City has failed to deliver on its promise of a streamlined conversion mechanism for these buildings (most are over 100 years old). Our research suggests that the conversion process itself will take years, cost hundreds of thousands of dollars per apartment, and may require residents to exit (for example if light wells need to be added to satisfy light and air requirements). In many buildings, the conversion is impossible without tearing down the building.

How difficult will it be to convert JLWQA units (use group 17D) to a residential use group (use group 2)?

Because of the need to comply with newer construction code (as of 2014) and different Multiple Dwelling Law requirements, it will be almost impossible to convert most JLWQA lofts. Buildings on deep lots will have to be cut in half, with a large space removed from the center of the building, and new stairs and elevators will have to be installed. For buildings on regular lots, the conversion may be impossible, or requiring that 1/3 of the space be abandoned. In all cases, residents will have to vacate their homes for years. The cost could reach tens of millions of dollars per building, and millions per apartment. In most cases, it will be cheaper to demolish the building and replace it with a new one, displacing long-term residents in the process. The entire conversion process is unnecessary as all these lofts are already habitable and safe as-is.

Will the conversion fee help create affordable housing?

There is no plan to use any of the conversion fees to help create new affordable housing. We are concerned that – because the fee encourages demolition – it will result in destruction of existing affordable housing.

Is the $100 per sq ft conversion fee justified?

The City claims that the $100 per sq ft is justified because the conversion will increase the value of JLWQA homes y converting them to residential use. We obtained the data used by the City through a FOIL request. Our review proves that both the data and analysis are false, and that the conversion itself, even if successful, will not increase the value of homes. The conversion fee is just a fiction used to extract money from current homeowners using a false claim.

What will the conversion fee be used for?

The fee will be paid to a newly created “Arts Fund” that will distribute the funds to arts projects “below 14th Street” - an area that is about 30 times the size of SoHo and NoHo. If distributed evenly, over 95% of the funds will go outside of SoHo and NoHo.

Will landowners or developers be required to pay into the Arts Fund?

No, in this plan only the existing residents will pay into the Arts Fund. Developers and landowners, the main beneficiaries of the plan, will enjoy windfall profits without paying into the arts fund.

What were the penalties SoHo and NoHo homeowners would have paid if they fail to convert their JLWQA apartments?

Legislation introduced by former Council Member Chin set penalties of “not less than $15,000” for the first violation, with subsequent violations subject to a penalty of “not less than $25,000”. In addition, monthly penalties of $1,000 for each month the violation is not corrected may be imposed.

Thankfully, the Coalition’s efforts to convince Mayor Adams that the fees were inappropriate were successful. On January 14, 2022, our mayor vetoed the legislation and it no longer applies, making it the first mayoral veto in over eight years.

However, even after the veto, the City still plans to enforce the non-compliance of long-term residents, without giving them a reasonable path to comply.

How hard is it to certify as an artist?

The laws for certifying who is an artist have always been vague– by current definitions, it is unlikely that even Basquiat or van Gogh would have been able to certify. For the last twenty years, DCLA has only certified 2-3 artists per year, a small fraction of the JLWQA turnover.

Is the Arts Fund necessary?

The City has not done any study that will justify the Arts Fund. Instead, the City claims that the Fund will be used to “celebrate” the arts in SoHo and NoHo, even though it will almost entirely be used outside the rezoned area.

Will the City also ask land owners, developers, and retail stores to pay for the Arts Fund?

No, developers and landowners will be getting the massive additional building rights free of any charge or public contribution. Retail owners who will be legalized by the rezoning are also not required to contribute to the arts fund.

Will the rezoning plan support the artistic character of SoHo and NoHo?

Quite the opposite. The conversion fee will take money from artists in SoHo and NoHo and funnel them to an area that is 30 times larger, leaving very little, if anything, for SoHo and NoHo.

Will the Arts Fund help create affordable housing or diversity?

There is no evidence to suggest the Arts Fund will promote affordable housing, diversity, and racial equity in SoHo and NoHo or elsewhere.

Will the rezoning enhance the racial diversity of SoHo and NoHo?

The racial and ethnic makeup of JLWQA residents in SoHo and NoHo is more diverse than many areas in Manhattan, such as the West Village, and the Upper East and West Sides, with only 60% of the ethnic mix being white. The vast majority of new residential development - 75%- will be multi-million luxury condos which will not promote diversity. Any affordable housing in the MIH program will be allocated by lottery, with no preference based on race or ethnicity.

There is no reason to believe this plan will lead to a more diverse neighborhood.

Won’t the rezoning allow more families to benefit from our public schools and parks?

As everyone who lives here knows, there are no public schools in SoHo or NoHo, and the neighboring public elementary schools – PS3, PS41, and PS130 – are exceeding capacity. There are also almost no open spaces or parks in SoHo or NoHo. We don’t even have a supermarket!

While the plan envisions over 3,000 new households, it does not add a single school classroom or an inch of public open space to the neighborhood. Moreover, the rezoning plan did not take into account the recent rezoning of NYU that will add hundreds of new families to the area, without new schools, parks, or other community facilities.

Does the Coalition support affordable housing?

Absolutely. We support affordable housing both in our “backyard” in SoHo and NoHo, and in other sites that can accommodate 100% affordable housing, such as the FBI parking lot at 2 Howard Street and the 5 World Trade Center site. We want our teachers, emergency responders, nurses, and anyone else who wants to live here to do so.

Will the SoHo/NoHo rezoning create affordable housing?

Although the rezoning plan advertises that it will create 900 units for low-income households through an MIH (mandatory affordable housing) plan, the rezoning plan includes no guarantee that any affordable housing will be built. Unlike other MIH programs, the City provided no housing subsidies, and the MIH requirements are easy for developers to bypass.

Furthermore, the small difference in allowed densities (FAR) for commercial vs residential uses will most likely lead to large retail development (similar to the Adidas store on Houston Street) and office buildings, in lieu of residential developments. There are no affordable housing requirements for new commercial developments.

Is it true that the rezoning will allow a family making $42,000 to live in SoHo and NoHo?

No, The main MIH program option is based on 60% of median area income, which in this case is above $80,000. It is unlikely that developers will choose the “deep affordable” option without any subsidy from the City.

When will the rezoning become effective?

The rezoning became law on January 1st of 2022. Unless challenged in court, it will start impacting our homes very soon.

What is JLWQA?

Joint Live Work Quarters for Artists (JLWQA - Use Group 17D) is a designation created as part of the rezoning of SoHo and NoHo in 1971. It is a permission given to those certified as artists by the Department of Cultural Affairs (DCLA) to use lofts zoned for manufacturing (M1-5A/B) as residential. The JLWQA designation requires that “at least one occupant of each unit must be an artist as certified by the NYC DCLA”. The designation is codified in Article 7-B of New York State Multiple Dwelling Law (MDL).

Who can legally own, sell, buy, rent, or live in a JLWQA?

Anyone. The New York State Multiple Dwelling Law only requires that at least one occupant of a JLWQA unit be certified as an “artist” by the City’s Department of Cultural Affairs. Until the recent legislation was enacted, the law did not restrict ownership or transactions of JLWQA by anyone.

Who lives in JLWQA apartments today?

The City did not conduct any survey of current residents. Based on our observations, less than 20% of JLWQA units are occupied by certified artists. While many artists remain, the vast majority of residents are working families, retirees, and remaining kin of deceased certified artists.

How do I know if my apartment is JLWQA?

There are more than 1,636 units designated as JLWQA in SoHo and NoHo. You can use this link to search for your certificate of occupancy and check if your apartment is a JLWQA.

Is a conversion of JLWQA (UG17D) to residential (UG2) the only way to make non-artists conform with zoning?

Not at all. It would have been much simpler for the City to expand the definition of JLWQA to include any home occupation, and/or to ask New York State to amend Multiple Dwelling Law to drop the artist requirement. Alternatively, the NYC Department of Buildings could have created a simplified path to conversion that will grandfather existing uses.

What was "Intro 2443"?

On November 9, 2021, former District 1 Council Member Margaret Chin introduced a new local law that will impose massive penalties on non-conforming residents of JLWQA units, which is the vast majority of the 1,636 households. You can read more about, and which officials from the Committee of Land Use support it, on the City Council website here.

Was the passage of 2443A legal?

No, for several reasons. The introduction of the law violated multiple rules of City Council rulemaking, including lack of notice for the required public hearing. The law is part of the rezoning but did not undergo the environmental impact study (EIS) required for any part of a rezoning. The Speaker and members of City Council were well aware of the illegality of their actions.

Why was 2443A introduced by former Councilmember Chin?

For now we can only guess as to the motives our own Council Member had for acting in such a furtive and vindictive way. With time, we believe the reasons will be exposed.

Will 2443A help create affordable housing?

Quite the opposite. Since the massive fines could lead to eviction of low income residents who cannot afford the fines, it will destroy existing affordable housing.

What happened to Intro 2443A?

On January 14, 2022, our efforts to convince Mayor Eric Adams to veto the new law have been successful, resulting in the first veto in our Mayor’s term. We are grateful to Mayor Adams for seeing the wrong of this law and acting decisively to veto it.

How will the rezoning affect home values?

Expectations of potential fines and penalties are already affecting the marketability, sale and refinancing of our homes. A building or an apartment, now subject to impractical costs to convert from manufacturing to residential, may deter buyers and banks alike.

There is already some evidence of offers falling through, mortgages turned down, etc. This, in turn, is complicating difficult life events such as retirement, transfers in inheritance, or similar events.

What can be done?

Without remedial actions, we are concerned of the impact will have on the value of our homes, in many cases our nest-egg and life long savings.

Without permanently allwoing non-artists to live in JLWQA units, while keeping the rights of artists to use their spaces for their art, these issues will remain unresolved.