Advancing American Freedom led a coalition of 13 other amici filing an amicus brief in Coalition for Fairness in SoHo & NoHo, Inc. v. City of New York, a case challenging New York City’s arbitrary zoning regulations that prevent homeowners from being good stewards of their own property.
At issue in this case is New York City’s rule that establishes “joint living-work quarters for artists,” apartments in the SoHo and NoHo neighborhoods that can only be occupied by those who were certified as artists by the Department of Cultural Affairs. Yet, since New York has not certified many new artists to offset those who have moved or passed away, owners struggle to find legal tenants or anyone who would buy their properties with the existing restrictions. To remove the zoning restrictions and convert the apartments to residential use, owners must pay a conversion fee to a city-administered arts fund of $100 per square foot, totaling on average about $250,000.
This arbitrary fee imposes an unconstitutional burden on property rights, which have been essential to the American experiment and, more generally, to the development of Western civilization.
“The recognition of the private right to property extends back centuries in the Anglo-American tradition and its roots reach down to the very foundation of Western civilization. New York city’s attempt to extort an arbitrary fee before owners can convert their dwellings thwarts this most basic right,” said AAF General Counsel J. Marc Wheat. “The right to private property is central to the liberty the Constitution exists to protect. The Court should grant the petition for certiorari and rule for those challenging the city’s policy.”