New York high court upholds SoHo and NoHo conversion fee; Supreme Court conference October 9
The Court of Appeals held on January 13, 2026 that the $100-per-square-foot fee to convert artist live-work units to ordinary residential use is not a taking. A petition asking the U.S. Supreme Court to review that ruling is set for its October 9 conference.
On January 13, 2026, the New York Court of Appeals decided Matter of Coalition for Fairness in Soho & Noho, Inc. v City of New York, 2026 NY Slip Op 00076, and held that the fee of $100 per square foot of floor space that New York City's Zoning Resolution requires before a Joint Living-Work Quarters for Artists ("JLWQA") unit can be converted to unrestricted residential use, Zoning Resolution § 143-13, does not violate the Takings Clause of the Fifth Amendment. The petitioners have asked the U.S. Supreme Court to review the decision (No. 25-1187), and the docket shows the petition distributed on October 5, 2026 for the Court's conference of October 9, 2026. The Court of Appeals decision stands unless and until the Supreme Court acts on the petition.
Matter of Coalition for Fairness in Soho & Noho, Inc. v City of New York, 2026 NY Slip Op 00076 (N.Y. Jan. 13, 2026); N.Y.C. Zoning Resolution § 143-13; Coalition for Fairness in SoHo and NoHo, Inc. v. City of New York, No. 25-1187 (U.S.)