Relates to allowing occupancy of joint living-work quarters for artists in certain manufacturing buildings converted to joint living-work quarters whose residence therein began on or before December 15, 2021.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9675A REVISED 5/16/2022
SPONSOR: Glick TITLE OF BILL:
An act to amend the multiple dwelling law, in relation to occupancy of
joint living-work quarters for artists
PURPOSE OR GENERAL IDEA OF BILL:
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 PROVISIONS:
Section one 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.
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 the last weeks of 2021 and at the end of the last Mayoral adminis-
tration, 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. Increasingly troubling was the fact
that longstanding residents of JLWQA units that had not successfully
completed the required certification as an artist through the NYC
Department of Cultural Affairs were left vulnerable to ongoing fines and
undermining long-term residents. There are several reasons why a resi-
dent may lack certification as an artist, including overly stringent
City requirements for what constitutes "fine art" and, lack of respon-
siveness from DCLA.
This legislation will ensure that longstanding members of the community
who for a variety of reasons lack an artist certification can continue
occupying their home.
PRIOR LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9675--A
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Housing -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the multiple dwelling law, in relation to occupancy of
joint living-work quarters for artists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 276 of the multiple dwelling law, as added by chap-
2 ter 734 of the laws of 1985, is amended to read as follows:
3 § 276. Definition of an artist. As used in this article, the word
4 "artist" means a person who is regularly engaged in the fine arts, such
5 as painting and sculpture or in the performing or creative arts, includ-
6 ing choreography and filmmaking, or in the composition of music on a
7 professional basis, and is so certified by the city department of
8 cultural affairs and/or state council on the arts. For joint living-work
9 quarters for artists limited to artists' occupancy by local zoning
10 resolution, any permanent occupant whose residence therein began on or
11 before December fifteenth, two thousand twenty-one shall be deemed to
12 meet such occupancy requirements under the same rights as an artist so
13 certified in accordance with applicable law.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15032-02-2
