Case Type
Other
Housing Type
Other
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
No. 112
Slip Opinion Number
2026 NY Slip Op 00076
Petitioner
The Coalition for Fairness in Soho and Noho, Inc.
Respondent
City of New York, New York City Department of City Planning, New York City Planning Commission, New York City Council, Adams, Eric
Judge
Rivera, J., Halligan, J., Garcia, J.
Decision/Order Date
2026-01-13
Posture
Other
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
The Court of Appeals reversed the Appellate Division, upholding the City's 2021 rezoning plan for SoHo/NoHo artist lofts. The plan imposed a one-time fee on landlords for converting Joint Living-Work Quarters for Artists (JLWQA) units to unrestricted residential use. The court held that this fee does not constitute a compensable taking under the Fifth Amendment's Takings Clause. It reasoned that landlords lack a compensable property interest in converting their units to a new, more valuable use, as the fee does not burden their existing property rights or coerce them into relinquishing an interest that the government would otherwise have to compensate for. The fee is not a taking as it affects only a potential new property interest.
Keywords
Land Use; NYC Agency’s Standalone One-Time Fee for Conversions of Artist Loft Space to Unrestricted Residential Use Does Not Implicate Constitution’s Fifth Amendment Takings Clause; Joint Living-Work Quarters for Artists Law; 2021 Re-zoning of Soho/Noho; No Compensable Property Interest Because Fee Does not Burden Existing Use and Applies Only if Landlord Seeks to Convert to New Undoubtedly More Valuable/Profitable Use
Recommended Citation
"The Coalition for Fairness in Soho and Noho, Inc. v. City of New York" (2026). All Decisions. 2106.
https://ir.lawnet.fordham.edu/housing_court_all/2106
