NY State Senate Bill S8793A

Archive: Last Bill Status Via A9675 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2022	signed chap.420
Jul 11, 2022	delivered to governor
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1033 substituted for s8793a
Jun 02, 2022	substituted by a9675a
May 09, 2022	amended on third reading 8793a
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.1033
Apr 18, 2022	referred to housing, construction and community development

Votes

view votes

Jun 2, 2022 - floor Vote

A9675A

floor

Aye

Nay

Absent

Excused

Abstained

May 3, 2022 - Housing, Construction and Community Development committee Vote

S8793

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S8793 - Details

See Assembly Version of this Bill:: A9675
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §276, Mult Dwell L

S8793 - Summary

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.

S8793 - Sponsor Memo

 
BILL NUMBER: S8793

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to occupancy of
joint living-work quarters for artists

 
PURPOSE:

To permit residents who live in joint live-work quarters for artists
(JLWQA) units and were in residence prior to December 31, 2021 to
continue occupying such unit regardless of their status as a certified
artist.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new subdivision 16 to section 277 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 31,
2021 to continue occupying such unit regardless of their status as a "
certified artist.

Section 2 sets forth the effective date.

 
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 late 2021, 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 activities that artists who
occupy live-work spaces may engage in. It appears that the City's
enforcement of the certified artist requirement for occupancy of these
units before the 2021 rezoning had been minimal for many years. Many
long-standing residents of JLWQA units that had not successfully
completed the certification through the NYC Department of Cultural
Affairs were not offered a feasible path toward obtaining this certif-
ication, leaving them vulnerable to fines and undermining their right to
occupy their homes. There are several reasons why a resident may lack
certification as an artist, including overly stringent City requirements
for what constitutes "fine art," lack of responsiveness from DCA, and
ongoing occupancy of a family home by a non-certified artist after a
family member who was a certified artist has died.

Local elected officials are considering adjustments to the certification
process. In the meantime, this legislation will ensure that long-term
residents of the community who may lack artist certification for whatev-
er reason are not displaced from their homes.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8793 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8793
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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:

   Section 1. Subdivision 16 of section 277 of the multiple dwelling law,
 as  added  by chapter 227 of the laws of 1992, is renumbered subdivision
 17 and a new subdivision 16 is added to read as follows:
   16. FOR UNITS IN MANUFACTURING BUILDINGS CONVERTED  TO  JOINT  LIVING-
 WORK QUARTERS FOR ARTISTS UNITS, WHETHER HAVING A TEMPORARY OR PERMANENT
 CERTIFICATE  OF  OCCUPANCY  OR THAT HAVE APPLIED FOR A JOINT LIVING-WORK
 QUARTERS FOR ARTISTS CERTIFICATE OF OCCUPANCY PRIOR TO DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-ONE,  AND  WHERE THE LOCAL ZONING TEXT HAS
 CHANGED TO ALLOW FOR RESIDENTIAL USE AS-OF-RIGHT, RESIDENTIAL  OCCUPANCY
 OF  SUCH JOINT LIVING-WORK QUARTERS FOR ARTISTS UNITS SHALL BE PERMITTED
 WITHOUT REQUIRING THAT A CERTIFIED ARTIST OCCUPY SUCH UNIT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15032-01-2

S8793A (ACTIVE) - Details

See Assembly Version of this Bill:: A9675
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §276, Mult Dwell L

S8793A (ACTIVE) - Summary

S8793A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8793A   Revised 5/17/22

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to occupancy of
joint living-work quarters for artists

 
PURPOSE:

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 SPECIFIC PROVISIONS:

Section 1 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.

Section 2 sets forth the effective date.

 
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 late 2021, 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. It appears that the City's enforcement
of the certified artist requirement for occupancy of these units before
the 2021 rezoning had been minimal for many years. Many long-standing
residents of JLWQA units that had not successfully completed the certif-
ication through the NYC Department of Cultural Affairs were not offered
a feasible path toward obtaining this certification, leaving them
vulnerable to fines and undermining their right to occupy their homes.
There are several reasons why a resident may lack certification as an
artist, including overly stringent City requirements for what consti-
tutes "fine art," lack of responsiveness from DCLA, and ongoing occupan-
cy of a family home by a non-certified artist after a family member who
was a certified artist has died.

Local elected officials are considering adjustments to the certification
process. In the meantime, this legislation will ensure that long-term
residents of the community who may lack artist certification for whatev-
er reason are not displaced from their homes.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8793A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8793--A
     Cal. No. 1033
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  reported  favorably  from  said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading

 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:
 
   Section 1. Section 276 of the multiple dwelling law, as added by chap-
 ter 734 of the laws of 1985, is amended to read as follows:
   § 276. Definition of an artist. As used  in  this  article,  the  word
 "artist"  means a person who is regularly engaged in the fine arts, such
 as painting and sculpture or in the performing or creative arts, includ-
 ing choreography and filmmaking, or in the composition  of  music  on  a
 professional  basis,  and  is  so  certified  by  the city department of
 cultural affairs and/or state council on the arts. FOR JOINT LIVING-WORK
 QUARTERS FOR ARTISTS LIMITED  TO  ARTISTS'  OCCUPANCY  BY  LOCAL  ZONING
 RESOLUTION,  ANY  PERMANENT OCCUPANT WHOSE RESIDENCE THEREIN BEGAN ON OR
 BEFORE DECEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE SHALL  BE  DEEMED  TO
 MEET  SUCH  OCCUPANCY REQUIREMENTS UNDER THE SAME RIGHTS AS AN ARTIST SO
 CERTIFIED IN ACCORDANCE WITH APPLICABLE LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15032-03-2

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The New York State Senate

senate Bill S8793A

Sponsored By

Archive: Last Bill Status Via A9675 - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

May 3, 2022 - Housing, Construction and Community Development committee Vote

Committee Vote: May 3, 2022

Bill Amendments

S8793 - Details

S8793 - Summary

S8793 - Sponsor Memo

S8793 - Bill Text download pdf

S8793A (ACTIVE) - Details

S8793A (ACTIVE) - Summary

S8793A (ACTIVE) - Sponsor Memo

S8793A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8793A

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status Via A9675 - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

May 3, 2022 - Housing, Construction and Community Development committee Vote

Committee Vote: May 3, 2022

Bill Amendments

S8793 - Details

S8793 - Summary

S8793 - Sponsor Memo

S8793 - Bill Text download pdf

S8793A (ACTIVE) - Details

S8793A (ACTIVE) - Summary

S8793A (ACTIVE) - Sponsor Memo

S8793A (ACTIVE) - Bill Text download pdf

Comments