On December 5, 2024, the Appellate Division declared unconstitutional the portion of the recently amended Zoning Regulations that required payments to the SoHo-NoHo Arts Fund of $100 per square foot of loft area (with annual increases) to the City as a condition of allowing the conversion of lofts to legal residential occupancy. This decision reversed the 2023 decision of the Supreme Court, New York County upholding the regulations. The City of New York is now enjoined from enforcing this provision. See decision here.
The decision is welcome news to many residents of lofts in SoHo and NoHo, as the payment was a pre-condition to the issuance of any building permit allowing conversion of a dwelling loft from a Joint Live/Work Quarters for Artists use to legal residential occupancy.
The City Council’s enactment of the legislation creating the Special SoHo-NoHo Mixed Use District (SNX District) in 2021 provided a pathway to convert lofts in the area to legal residential occupancy, but imposed an onerous requirement for substantial payments in order to do so. This decision declares such payments unconstitutional on grounds that they had no ”essential nexus “ to the government’s land use interests, did not ensure that the government acted to further its stated purpose, and that there was no “rough proportionality” between the impact of the fee and the land use interests it was supposed to protect.
We are fairly confident that there will be a further appeal by the City of New York to the New York State Court of Appeals and we will keep our clients and colleagues informed of any new developments.
For further information, please contact Margaret D. Baisley, Esq. in our SoHo office at 561 Broadway, 212 966 0066 Ext. 4136, MBaisley@sbjlaw.com
Thank you to everyone who joined us at New York’s Biggest & Best Co-op, Condo & Apt Expo! Your participation made the event a tremendous success, and we’re grateful for your attendance.
Special thanks to our SBJ speakers, Ken Jacobs, Eric Blaha , and Jason Rogovich for their insightful presentation on “Repairs – Who Makes Them, Who Approves Them, & Who Pays?” It was a fantastic opportunity to share key insights on navigating repairs in co-ops and condos.”
We hope you found valuable content and gained new insights into navigating legal issues in co-op and condo communities.
To view our presentation, please see link here: Repairs who makes them who approves them and who pays PDF
To All Board Members and Property Managers,
If you need to fulfill your mandatory Fair Housing training requirements under the new Westchester County law or other New York State law, please register for free by clicking the link below:
CLICK HERE to register for Fair Housing training on Wednesday, December 4th, 2024, at 5:00 pm.
Eric will cover important topics such as:
- Introduction to Fair Housing Laws
- Housing Discrimination
- Emotional Support Animals
- Reasonable Accommodations
- Purchase Application Disclosures
- Complaints and Lawsuits
- Fiduciary Duties
- Q&A, and much more …
To attend a remote training session, you must pre-register by clicking on one of the above links and providing your full name. Plan to attend approximately 2 hours of online training using the Zoom webinar platform to obtain your certificate of completion. Course materials will be made available upon completion of your attendance. Non-Westchester County residents check your local jurisdiction’s training requirements.
We look forward to seeing you soon.
📅 Date: November 19, 2024
🕘 Time: 10:00 AM – 4:30 PM
📍 Location: Jacob Javits Convention Center, 655 W 34th St
Smith Buss & Jacobs, LLP Session
🕑 Time: 2:15 PM – 3:15 PM
📍 Room 1
🔍 Topic: “Repairs – Who Makes Them, Who Approves Them, & Who Pays?”
To register click here: https://lnkd.in/ecSWehi3
🗣️ Speakers:
Ken Jacobs, Partner
Eric Blaha, Partner
Jason Rogovich, Associate
To All Board Members and Property Managers,
If you need to fulfill your mandatory Fair Housing training requirements under the new Westchester County law or other New York State law, please register for free by clicking the link below:
CLICK HERE to register for Fair Housing training on Monday, October 28th, 2024, at 5:00 pm.
CLICK HERE to register for Fair Housing training on Wednesday, December 4th, 2024, at 5:00 pm.
Eric will cover important topics such as:
- Introduction to Fair Housing Laws
- Housing Discrimination
- Emotional Support Animals
- Reasonable Accommodations
- Purchase Application Disclosures
- Complaints and Lawsuits
- Fiduciary Duties
- Q&A, and much more …
To attend a remote training session, you must pre-register by clicking on one of the above links and providing your full name. Plan to attend approximately 2 hours of online training using the Zoom webinar platform to obtain your certificate of completion. Course materials will be made available upon completion of your attendance. Non-Westchester County residents check your local jurisdiction’s training requirements.
We look forward to seeing you soon.
On Saturday, October 5th, the dedicated Smith Buss & Jacobs team joined forces to volunteer at the Native Plant and Butterfly Garden with the Hudson River Audubon Society in Yonkers.
A big thank you goes out to all the amazing volunteers! Together, they made a lasting impact by planting, weeding, and removing invasive plants, contributing to the betterment of the community and the planet.
Their hard work and dedication reflect SBJ’s strong commitment to giving back, and the event wouldn’t have been a success without their efforts. Thank you to everyone who helped make a positive difference!
To All Board Members and Property Managers,
If you need to fulfill your mandatory Fair Housing training requirements under the new Westchester County law or other New York State law, please register for free by clicking the link below:
CLICK HERE to register for Fair Housing training on Tuesday, September 10th, 2024, at 5:00 pm
CLICK HERE to register for Fair Housing training on Monday, October 28th, 2024, at 5:00 pm.
Eric will cover important topics such as:
- Introduction to Fair Housing Laws
- Housing Discrimination
- Emotional Support Animals
- Reasonable Accommodations
- Purchase Application Disclosures
- Complaints and Lawsuits
- Fiduciary Duties
- Q&A, and much more …
To attend a remote training session, you must pre-register by clicking on one of the above links and providing your full name. Plan to attend approximately 2 hours of online training using the Zoom webinar platform to obtain your certificate of completion. Course materials will be made available upon completion of your attendance. Non-Westchester County residents check your local jurisdiction’s training requirements.
We look forward to seeing you soon.
On August 22, 2024, SBJ enjoyed a fantastic team outing at Yankee Stadium. It was a wonderful opportunity to bond, celebrate and enjoy some great baseball.
Events like these remind us of the importance of team spirit. We are grateful for the chance to connect and strengthen our relationships outside of the office.
Thank you to everyone who made this event possible. Here’s to many more team outings and continued success together!
Smith Buss & Jacobs, LLP is proud to have been a sponsor and participant at the 2024 Morris-Jumel Mansion George Washington Dinner!
On Sunday, July 14, 2024, we celebrated Liberty, Equality, and Brotherhood. Liberté, Égalité, Fraternité. It was a wonderful evening filled with meaningful conversations and a shared commitment to these timeless values. Thanks to Emma Lupu’s connections, SBJ could be a sponsor and participant. It was such a delightful event.
To All Board Members and Property Managers,
If you need to fulfill your mandatory Fair Housing training requirements under the new Westchester County law or other New York State law, please register for free by clicking the link below:
- CLICK HERE to register for Fair Housing training on Tuesday, July 23rd, 2024, at 5:00 pm
- CLICK HERE to register for Fair Housing training on Tuesday, September 10th, 2024, at 5:00 pm
Eric will cover important topics such as:
- Introduction to Fair Housing Laws
- Housing Discrimination
- Emotional Support Animals
- Reasonable Accommodations
- Purchase Application Disclosures
- Complaints and Lawsuits
- Fiduciary Duties
- Q&A, and much more …
To attend a remote training session, you must pre-register by clicking on one of the above links and providing your full name. Plan to attend approximately 2 hours of online training using the Zoom webinar platform to obtain your certificate of completion. Course materials will be made available upon completion of your attendance. Non-Westchester County residents check your local jurisdiction’s training requirements.
We look forward to seeing you soon.
