BILL NUMBER: S8793A   Revised 5/17/22

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to occupancy of
joint living-work quarters for artists

 
PURPOSE:

To permit residents who live in joint live-work quarters for artists
(JLWQA) units and were in residence prior to December 15, 2021 to
continue occupying such unit regardless of their status as a certified
artist.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new sentence to section 276 of the multiple dwelling
law to permit residents who live in joint live-work quarters for artists
(JLWQA) units and were in residence prior to December 15, 2021 to
continue occupying such unit regardless of their status as a certified
artist.
              

Section 2 sets forth the effective date.

 
JUSTIFICATION:

For several decades, and preceding the Loft Law, residential use of
former manufacturing space has been permitted in SoHo and NoHo as Joint
Live-Work Quarters for Artists (JLWQA) under Article 7-B of the Multiple
Dwelling Law. Residential use of space zoned for commercial use was
permitted in order to preserve housing and to support artists who used
their lofts as live-work space and greatly contributed to the character
of their neighborhoods.

In late 2021, a zoning change was adopted for SoHo and NoHo that allowed
buildings currently zoned for commercial use to be rezoned for residen-
tial use despite the many non-conforming uses in which artists and non-
artists occupy live-work spaces. It appears that the City's enforcement
of the certified artist requirement for occupancy of these units before
the 2021 rezoning had been minimal for many years. Many long-standing
residents of JLWQA units that had not successfully completed the certif-
ication through the NYC Department of Cultural Affairs were not offered
a feasible path toward obtaining this certification, leaving them
vulnerable to fines and undermining their right to occupy their homes.
There are several reasons why a resident may lack certification as an
artist, including overly stringent City requirements for what consti-
tutes "fine art," lack of responsiveness from DCLA, and ongoing occupan-
cy of a family home by a non-certified artist after a family member who
was a certified artist has died.

Local elected officials are considering adjustments to the certification
process. In the meantime, this legislation will ensure that long-term
residents of the community who may lack artist certification for whatev-
er reason are not displaced from their homes.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.