Join us for our first Community Council Meeting of 2024 on Thursday, January 25th at 6 PM at the @NYPD1Pct! Hear important community updates from our Commanding Officer & Council President — We look forward to seeing and hearing you!

NYPD 1st Precinct (@NYPD1Pct) on Xtwitter.com

Keeping the SoHo community up to date.

Dear SoHo —

Community Board 2 voted solidly Thursday to support Councilman Christopher Marte’s proposal to eliminate the conversion fee that the 2021 SoHo/NoHo rezoning imposes on some residents seeking to change their certificate of occupancy from Joint Live-Work Quarters for Artists use (JLWQA, aka AIR) to straight residential use. 

Marte will now attempt to have his proposal included in Mayor Adams’ sweeping citywide rezoning initiative, the City of Yes.

Some fifty people braved the wintery weather to attend the meeting in person in Chinatown, while three dozen others submitted written testimony, with additional attendees on Zoom — all passionately requesting the board support Marte’s proposal. Most were neighborhood artists and pioneers, aging in place, facing the expenses of an uncertain future. 

They bemoaned the fact that the monies from the so-called arts fund will likely not see a dime of it returning to the community that produced it. Instead, the rezoning merely suggests that any arts-fund money “should” be spent south of 14th Street, not “must”. 

Additionally, the very mechanism for applying the fee is arbitrary and discriminatory. 

Only those buildings that were developed, co-oped, and received a JLWQA certificate of occupancy before the Loft Law was enacted in 1982 are subject to the conversion fee should they sell to a non-artist. 

However, due to a quirk in the state’s housing laws, buildings developed after 1982 — about half — are subject to the Interim Multiple Dwelling law which exempts them from all those requirements. Clearly this situation is unfair, capricious, and targets the pioneers of SoHo and its older artist residents. It has to go.

Assemblymember Deborah Glick personally appeared to express her support. Councilwoman Carlina Rivera, who now represents NoHo, attended via Zoom, saying she came to “listen” to her constituents.

Tellingly, not a single person spoke out against the motion. 

$1,200 or $250,000. What Would You Rather Pay?

When those SoHo/NoHo residents subject to the conversion fee decide to sell their units to a non-artist, the $100 per square-foot fee could kick in.

Those buyers, facing an average fee of about $250,000, will attempt to avoid the expense by seeking a reduction in the asking price. Indeed, we have heard reports of buyers employing this bargaining strategy to try to get a better deal.

However, it all may be a tempest in a teapot.

Since the artists certification requirement was enacted in 1971, not a single non-artist has ever been fined for non-compliance with their certificate of occupancy — let alone evicted. 

There is no reason to believe that the city will start enforcing it now after ignoring it for six decades, especially since the money will not go into the city’s coffer, but to some local nebulous “arts fund” administered by a private non-profit.

So what happens if a non-artist resident moves into a space that requires a JLWQA certificate of occupancy?  

Well…not much.

The citywide fine for violating a certificate of occupancy is $1,200. The violation is adjudicated not in the courts but by the Environmental Control Board, which handles simple violations, like fines for not picking up after your dog. The process can take a year to conclude, during which time further violations for the same offense are on hold.  

Moreover, these violations are “complaint driven”. That is, only if a person informs the Buildings Department of the violation, will the city take any action. And why would anyone become an informant? It makes no sense. 

In the past thirty years of fielding phone calls and emails from SoHo/NoHo residents, we have never heard of a single incident of anyone actually stooping to do this. People just don’t like snitching on their neighbors.

Furthermore, how would a Buildings Department inspector know if a person is not a certified artist?  

Not very easily, since the agency that issues the certifications, the Department of Cultural Affairs, is underfunded, understaffed, and notoriously unresponsive. Building inspectors are rightfully more concerned about buildings collapsing than chasing down artists.

Thus, the actual chance of a non-artist being fined is, essentially, nil.  At worst, the penalty would only be $1,200 maximum — a pittance compared to $250,000,

Of course, some buyers will try to argue contrariwise to benefit their pocketbook. But if sellers hold firm and explain the reality of a mere $1,200 fine, this whole rigamarole might easily be avoided.

Please pass this information along and apply it if your building is one of those liable for the conversion tax. 

PLEASE FORWARD THIS EMAIL TO FRIENDS AND NEIGHBORS.

Sincerely,

Sean Sweeney

Director

SoHo Alliance

A Volunteer Community Association

PO Box 429

New York, NY 10012

212-353-8466

info@sohoalliance.org

sohoalliance.org

Dear SoHo —

We are reaching out with an urgent call for your testimony ahead of a critical vote regarding the Arts Fund Conversion Fee at the monthly meeting of Community Board 2, Thursday, January 18, 6:30pm. 

To testify, you must register here before 5:00 pm on Thursday.

Background: 

At last week’s meeting of CB2’s Land Use Committee, Councilmember Christopher Marte presented his plan to eliminate the unfair Arts Fund Conversion Fee, which amounts to hundreds of thousands of dollars per home. 

You’ll recall the conversion fee was part of the 2021 SoHo/NoHo rezoning. It requires a fee of $100 per square-foot for any dwelling unit currently with a certificate of occupancy for Joint Live/Work Quarters for Artists (JLWQA, aka A.I.R.) to pay a conversion fee of $100 per square-foot just to apply to change the certificate of occupancy to standard residential use. This would most likely kick in when a long-time resident sells to a non-artist.

Shockingly, two committee members — who in the past opposed the Arts Fund — spoke strongly in favor of it this time, arguing it could benefit the arts in the SoHo/NoHo community. In reality, the Department of City Planing intends to give the funds to the Lower Manhattan Cultural Council — which primarily runs cultural projects miles away, like on Governors Island. (see here). 

Worse, the SoHo community board members who are themselves subject to the conversion fee and could have represented the interests of JLWQA homeowners on the board were forced to recuse themselves from Thursday’s vote due to an alleged “conflict of interest”. The two members supporting the fee are not so restricted and will undoubtedly press the full board to retain the fee.

This leaves the 1600+ JLWQA families and artists who are subject to this fee without any voting representation on the community board.

Your testimony is needed

We need you to testify why imposing this fee on us is unfair. In particular, we would like as many certified artists and founders of our community to explain why this fee is particularly onerous for them. Please attend. BODIES COUNT!!!

You must register early to testify

The meeting will be held in person starting at 6:30pm at PS130 Hernando De Soto, 146 Baxter Street at Hester Street. Public testimony begins around 7:00.

You must register to testify before 5:00 pm on Thursday. 

You can also register to attend by Zoom. Unfortunately, registering for the Zoom meeting does not allow you to speak, only observe on Zoom. So you must attend in order to testify. 

If you absolutely cannot attend, please submit written testimony as soon as possible here and CC the SoHo Alliance at info@sohoalliance.org

Further background

The conversion fee must be paid upfront, in full, and is non-refundable — even if the conversion fails for any reason. It is imposed on certified artists and non-artists alike. 

A State law we advocated for in 2022 allowed all JLWQA residents to remain in their homes without being forced to convert or pay the fee. However, this protection expires when the homeowner — inevitably — has to move out. This means that existing homeowners will have to pay the fee, either directly by converting before a sale or indirectly by having to give a commensurate discount to the buyer. 

Mayor Adams’ recent proposal — City of Yes for Economic Opportunity — would rezone the entire City and permit JLWQA-like apartments everywhere. Councilmember Marte’s proposal is to eliminate the conversion fee because, once JLWQA-like uses are permitted everywhere in the city, charging a fee only to JLWQAs in SoHo and NoHo is even more unfair.

We fully support Marte’s initiative. Moreover, should the community board vote in support of the conversion fee (which it previously opposed 36:1), it could set back the community’s advocacy efforts with the city and the state.

Please register to speak and plan to testify. 

PLEASE FORWARD THIS EMAIL TO FRIENDS AND NEIGHBORS.

Sincerely,

Sean Sweeney

Director

SoHo Alliance

212-353-8466

info@sohoalliance.org

sohoalliance.org

“Prisons do not disappear social problems, they disappear human beings.”

                                 — Angela Davis

There has been much wringing of hands over deaths at Rikers Island and inquiries over the quality of mental health treatment for inmates, or, as is now the proper term, Offenders. While it is not uncommon for indicted individuals who have not been convicted of any crime to be incarcerated and receive the same mental health largesse as well, it all comes to roughly the same thing. Nothing.

That is to say, folks, take the New York State prison system, known as DOCCS — Department of Community Corrections and Supervision. Unfortunately, I can personally attest to their services. Even better, in order to be able to write about it I submitted to a six month tour in a drug and alcohol treatment program — since these programs are wiling to consider almost anything and anyone as an aberration worthy of palliative treatment, not just drugs or booze. It’s a free-for-all. And, the only commonality in such programs is that’s where the drugs are most available.

While the Riverhead Jail in the Hamptons provides no real mental health treatment, it’s not until you get to the Big Time in the upstate prisons that you discover what DOCCS has in store for you if you have a psychological problem. There are no therapists, as you have come to know them. Therapy may be what you desire or need but distrust is what you get. And, if you have an anxiety problem you are more likely to get an Ibuprofen than a valium. Which, is also a likely outcome if you have chest pains and ask for help in the Infirmary.

Of course, offenders DO abuse the system. Drugs are a convenient form of currency and it is certainly not unknown for a prisoner to lie about his need for a calming medication. After all, who wouldn’t need a tranquilizer after being locked up behind bars with killers?

But, here’s the reality. Prisons in New York have workers, mostly nurses, who distrust offenders. Therapy is not an option because they are not trained to do therapy. The few psychologists or psychiatrists that exist do testing, evaluations, or medicate. And, those that DOCCS actually employ are placed with the psyche prison units. They are not pretty places, nor are they fun. All they do is medicate and run The Walking Dead. That’s what treatment is in prison.

Some of the cops, Correction Officers, will tell you the truth. “They should make it a rule that to become a C.O. you have to do at least one year locked up behind bars.” And, for those who claim to be capable of doing psychotherapy I would suggest the same. That includes the professors who teach in Social Work schools, Ph.D. psychology programs, Criminal Justice programs, M.D. programs, and any others who consider themselves to be professionals in the field dealing with prisons. Why? Because no one who does psychotherapy or offers mental health treatment in prisons are trusted by prisoners or understands prison culture.

If you talk to a shrink you’re a Rat, according to other prisoners. And, they’re not always wrong. Gossip among and between therapists and the Administration after therapy sessions is NOT unknown.

To those of us who are fed continuous explanations of difficulties in the prison system be aware that there is no organized and logical treatment plan. The offenders are treated with indifference, abuse and contempt.

— And when they are released into society again we all pay the price.

“Before you diagnose yourself with depression or low self-esteem first make sure that you are not, in fact, just surrounding yourself with assholes.”

— William Gibson

Recently, there was a mad rush to file claims for various forms of assault and/or harassment that had occurred and had been time-barred by one or another statutes preventing victims who either could not or would not file a timely claim against the perpetrator. Thousands of claims were filed by men and women who had been imprisoned and had been assaulted sexually — and knew that filing such a complaint while incarcerated was tantamount to an invitation to a murder. Their own.

So, one of our illustrious State Senators Brad Hoylman introduced The Adult Survivors Act which allowed the late filing regardless of how long ago the offense was committed. And, there is discussion about extending beyond the November 24th deadline which just passed.

“I’m hopeful that I can convince colleagues of either another extension or permanent window,” Mr. Hoylman-Sigal said.

The real problem for those who did file was this:

If you could not interest a lawyer in taking your case — either because he or she didn’t believe it could easily be won OR if you were not aware of the Act’s existence and missed the deadline — you were out of luck. Filing the case yourself created other, big problems.

I tried to file my cases against Bellevue and South Beach Psychiatric Center. The court sent me to the wrong website, gave me incorrect information and my pro se filing, after paying for the privilege of filing online, was invalidated.

How many other victims are there out there who could not find a lawyer or filed pro se too late due to unhelpful court workers — and simply lost the opportunity to lodge their legitimate complaints?

In addition to not being able to practice in mental health with a great deal of experience due to the great licensing scam (enacted long after the fact of earning the appropriate degree) — I knew many dangerously unstable people practicing in the field — who are incompetent, at best.

Some are predators and abusers — since licensing does not identify this. Only experience in working with predators does.

Stay Tuned

COMMUNITY UPDATE: Last Community Council Thursday 11/30 @6:00 @NYPD 16 Ericsson Pl.