Meeting to Change SoHo Zoning: WARNING to Renters!

There is a proposal being floated that could seriously erode the rights of rental tenants, possibly leading to evictions.

 

You may have seen the anonymous notices on lampposts or received an email announcing a meeting on Tuesday, June 7 at 6:30 St. Anthony's Church basement on Sullivan/Houston Streets to discuss changing SoHo's zoning.  

 

This is an effort primarily by certain real estate brokers, real estate lawyers and REBNY (Real Estate Board of New York) to eliminate the Artist's Certification requirement, the part of the zoning law requiring that at least one member of a SoHo/NoHo household be certified as an artist by the Department of Cultural Affairs.  Although rarely, if ever, enforced by the City, the real estate people claim that this requirment diminishes the sales price of lofts, since it limits the pool of affordable buyers.  

 

Maybe. Maybe not.

 

This argument has been floated around for the past few years, but with no actual proof, statistics or specifics provided, just anecdotal stories that buyers are scared off by the Certification requirement, thus diminishing sales prices.  

 

However, I have done considerable research and found that this is simply not true.   SoHo/NoHo sales prices have remained competitive with other parts of the city, if not surpassing them, and are among the highest in the country.  Click here to view sales figures.  Basically, I feel that the claim that Artists Certification diminishes sales prices is an Urban Myth, perpetrated and given credence by a story in the New York Times.  Click here to read that.

 

The problem with changing the zoning is that it could open up a can of worms, especially for renters.  

 

If zoning laws no longer required a renter to be a certified artist, there is absolutely nothing stopping an unscrupulous landlord from lying and claiming that he needs the space for himself, and the law would will permit him to evict the tenant.  Such actions are common nowadays throughout the city, as rents soar and landlords can reap a fortune by getting rid of a rent-stabilized tenant, live in the vacated space for a few months, then move out and rent at market prices, reaping a fortune at the expense and misery of the evicted.  

 

This is not a hypothetical fear.  It has happened at least once in SoHo (as well as at least once in NoHo) when a landlord tried to evict a family, claiming he wanted the space for himself.   The artist and his family were spared from eviction only because the judge ruled that, although the law is rarely, if ever, enforced, it is still on the books and must be upheld.  He declared that, since the landlord was not certified, he could not force a legal, certified tenant out onto the street.  Read the full story here.

 

I am not a renter, but a coop owner.  Theoretically, if this argument were true, I would be foolish not to support repealing the Artists Ceritication. However, I feel it is a bogus argument, an Urban Myth, whose implementation could cause a lot of hardship for renters, and not really benefit us owners, only certain unscrupulous landlords.  

 

Because there may be divided opinion on this, the SoHo Alliance, of which I am director, has not taken a stance at this time.  However, I do urge you to attend this meeting and vigorously question the basis for the real estate industry wanting the Certification removed.  If you value your tenancy and home, you may want to attend the meeting, strongly voice your opposition, and organize against this proposal.  

 

 

Regards, 

Sean Sweeney

 

WHEN: Tuesday, June 7, 6:30-8:30

WHERE: St. Anthony's Church Basement, Sullivan Street at Houston