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Converting from JLWQA to Residential Use

On Dec. 15, 2021, the City Council approved the SoHo/NoHo Neighborhood Plan amending the NYC Zoning Resolution (ZR). The Plan created the Special Soho-Noho Mixed Use District (SNX) and includes changes to the use of Joint Living-Work Quarters for Artists (JLWQA) in this newly created special district. The Plan also replaced the existing M1-5A and M1-5B designations with M1-5 and more notably, includes a voluntary path to convert existing conforming JLWQA use to residential use while supporting the arts. Existing JLWQA use (or “JLWQAs”) may continue, subject to the same occupancy restrictions as prior to this zoning change.

Loft Law buildings and Interim Multiple Dwellings (IMD)

Buildings whose owners have filed for IMD registration with the Loft Board and received an IMD registration number are covered by the Loft Law. Any IMD unit that has entered the Loft Board jurisdiction is not subject to the conversion process outlined in this Guidance and may be occupied as residential use with no NYC Department of Cultural Affairs (DCLA) artist certification required in accordance with the provisions of the Loft Law and other applicable law. For questions about the status about Loft Law buildings and IMDs, please reach out to the LoftBoard.

IMD units that have completed the Loft Law process by obtaining a final certificate of occupancy (CO) may continue in perpetuity to be occupied as residential use without a DCLA artist certification in accordance with subsection (c) of the JLWQA definition in ZR 12-10. Where the CO does not specifically note subsection (c) of the JLWQA definition for non-artist occupancy for a former IMD unit and an owner would like to amend the CO to include such note, a consultation with Loft Board and the Department of Buildings is recommended for further guidance.

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What is Joint Living-Work Quarters for Artists?

JLWQA is a designation of zoning use, Use Group (UG) 17D, which in part, allows artists and certain other individuals to live and work in manufacturing spaces. JLWQA is defined in section ZR 12-10 of the Zoning Resolution.

Who may occupy a JLWQA?

The lawful occupancy of JLWQA is described in subsections (a), (b) and (c) of the definition JLWQA in the Zoning Resolution, Section 12-10. In general, JLWQA use can be occupied by (a) up to four unrelated artists as certified by DCLA, (b) an artist and the artist’s household, by households who registered with DCLA, or (c) by persons entitled to occupancy by any other provision of law.

Who may qualify as an “artist”?

An "artist," as defined in ZR 12-10, is a person who is so certified by DCLA. Artist certification information can be found here.

May I convert my unit to JLWQA use in Soho/Noho?

The zoning changes prohibit conversions to JLWQA use after December 15, 2021.

I am currently residing in a unit identified for JLWQA use. Am I impacted by the zoning changes?

The zoning changes did not affect the occupancy status for any unit identified for JLWQA use. Additionally, on July 21, 2022, Multiple Dwelling Law (MDL) §276 was amended to state that any permanent occupant whose residence therein began on or before 12/15/2021 shall be deemed to meet such occupancy requirements under the same right as a certified artist.

When is a conversion required and who is responsible for converting a unit for JLWQA use?

A unit for JLWQA use must be occupied by a DCLA certified artist or other lawful occupant as described Section B above, and where an occupant of such JLWQA unit does not meet that definition, the unit must be converted to a residential use. An owner may choose to convert a unit for JLWQA use prior to a sale in order to sell to any occupant. Since the unit is a JLWQA, the conversion process described in this guidance will apply. An owner may also sell to a buyer who does not meet the definition of who may occupy a JLWQA, and the buyer would convert the unit as outlined in this guidance before taking occupancy.

I do not meet the definition of JLWQA (a), (b) or (c). May I purchase a unit identified for JLWQA use?

If a buyer purchases a unit identified for JLWQA use, and none of the occupants who will be residing in the unit meets the definition of who may occupy the JLWQA in ZR 12-10 (a), (b) or (c), it is considered a violation of the ZR defined above and may be subject to enforcement on the same basis as prior to the 2021 zoning change. Only after converting the JLWQA use from Zoning UG 17D to Zoning UG 2, residential use, may the unit be occupied for residential purposes without a DCLA certified artist or other lawful occupant, such as those who are covered by MDL §276.

If I cannot come under the JLWQA definition, what is the process for conversion to lawful residential occupancy?

In general, the conversion process involves certification by the Chairperson of the City Planning Commission (CPC), and a one-time, non-refundable contribution to the Soho-Noho Arts Fund, as well as any necessary work required to bring the unit up-to-code and the issuance of a Certificate of Occupancy (CO) by the Department of Buildings. See details in Parts III and IV of this guidance, below.

Such conversions of JLWQA use may be filed individually on a unit-by-unit basis for alteration work to be done within the individual unit and would not trigger building-wide conversion.

The following scenarios describe the different potential buyers and unit types that may require conversion for lawful residential occupancy (UG 2):

I am purchasing the unit as my own residence.

I am (or one of the residents occupying the unit is) a DCLA certified artist, or otherwise legally entitled to occupancy as a JLWQA (including MDL §276 that was amended to state that any permanent occupant whose residence therein began on or before 12/15/2021 have the same right as a certified artist).

The unit is already recorded in the Final CO as JLWQA (UG 17D).

The unit may be lawfully occupied as JLWQA use.

The unit is in the process of getting the Final CO as JLWQA (UG 17D).

The unit can continue to pursue the Final CO as JLWQA (UG 17D) and may be lawfully occupied as JLWQA use.

I am not (and none of the other residents occupying the unit is) a DCLA certified artist, and none of the residents is otherwise entitled to occupancy pursuant to any other provision of law, including those with residency starting after 12/15/2021.

The unit is already recorded in the Final CO as JLWQA (UG 17D).

A conversion to residential use (UG 2) is required to allow lawful residential occupancy, which requires filing a DOB application.

The unit is in the process of getting the Final CO as JLWQA (UG 17D).

A conversion to residential use (UG 2) is required to allow lawful residential occupancy, which requires filing a DOB application.

I represent a rental company.

I will only rent the unit to a DCLA certified artist, or persons otherwise legally entitled to occupancy in a JLWQA (including MDL §276 that was amended to state that any permanent occupant whose residence therein began on or before 12/15/2021 have the same right as a certified artist).

This is treated the same as the DCLA certified artist purchasing the unit. The unit can remain as JLWQA (UG 17D).

I will rent the unit to anyone else.

If the occupant is not a DCLA certified artist, or otherwise legally entitled to occupancy as a JLWQA, a conversion to residential use (UG 2) is required to allow lawful occupancy, which requires filing a DOB application.

Conversion from JLWQA to residential use (UG 2) requires, among other things, a CPC Chairperson Certification. More information can be found at the Department of City Planning website.

Work Required for Conversions

If your unit is required to be converted to zoning UG 2 as Part II explains, the conversion is subject to the following technical requirements and the administrative requirements in Part IV, below, of this guidance. The JLWQA unit is considered residential under the building occupancy classification in both prior and current NYC building codes and is therefore not considered a change in the “main use or dominant occupancy” as defined in the NYC Administrative Code section 28-101.5. Consult with a NYS registered design professional who is a NYS licensed architect or professional engineer (RDP) to verify the following:

Natural Light and Air (Windows) – ZR 15-112

Existing legal JLWQAs should already comply with ZR 15-024 and NYS Multiple Dwelling Law (MDL) 277.7(a) for light and air requirements. Because these are more restrictive requirements than those for residential units, it is expected that the conversion to general residential units would not trigger compliance issues with MDL 277.7(b).

Egress and Fire Protection

Since the egress and fire protection requirements of MDL 277 are the same for JLWQA and general residential units, it is expected that an existing lawful JLWQA unit converting to a residential unit already complies with MDL requirements. As there is no change in the building code occupancy classification, there would be no additional egress and fire protection requirements triggered for the building or unit as part of the conversion. If there is work within the unit, such work must comply with applicable requirements. For example, work that includes the removal of existing, or installation of new, interior walls or ceilings, smoke and/or carbon monoxide detectors are required as part of such work and must comply with Chapter 9 of the current NYC Building Code.

Accessibility

Since JLWQA is zoning UG 17D and residential use is zoning UG 2, accessibility features are required to be provided in the unit because of the change from one zoning UG to another, as required by the NYC Building Code (BC). The residential unit is required to have accessible features such as doors, interior paths, kitchens, and bathrooms. Bathrooms and powder rooms in units that were occupied on or before March 13, 1991 as JLWQA are permitted to comply with the NYC specific prototype layouts established by rule 1 RCNY 1101-01. Providing such accessible features may require general construction work to provide wider doorways or reinforcements in walls for grab bars. Where an owner or RDP has specific questions about compliance with these requirements, a consultation with the Department may be needed to review individual cases, including JLWQA units converted under prior versions of the MDL.

Administrative Requirements for Conversions Units converting to a residential use (zoning UG 2) are subject to the following DOB administrative requirements, and an application may be submitted to Department of City Planning for an administrative approval by the Chairperson of the City Planning Commission. Administrative requirements of other NYC agencies are posted on their respective websites.

CPC chairperson certification pursuant to Section 143-13 of the Zoning Resolution.

The CPC chairperson certification approval must be obtained and submitted to DOB at the time when the RDP files the application for construction document approval for the conversion with DOB.

In order to attain CPC chairperson certification, a one-time contribution to the SoHo/NoHo Arts Fund is required (the contribution rate is $100 per square foot of converted floor area).

Permits

Any work that may be triggered as mentioned above will require a DOB permit. After the approval is obtained, a DOB permit must be pulled before the approved work can start.

Once the permitted work is completed, a new or amended CO can be obtained as long as applicable requirements are satisfied.

Certificate of Occupancy (CO)

A new or amended CO is issued for the entire building upon completion of the conversion. Provided the building already has a valid CO and there are no existing hazardous violations, amending the CO should be a matter of a few weeks, plus the cost of Department filing fees and potential professional and consultant/filer fees. Note that a new or amended CO for specific unit(s) does not trigger a building-wide conversion.

JLWQA is commonly identified as “Res” (i.e., Residential) or may be identified as “J-2” on the CO. While the notations over time have varied on COs, JLWQA is understood to be a residential use for building code purposes. Once the conversion from Zoning UG 17D JLWQA to Zoning UG 2 is complete, the new or amended CO will identify the unit as Zoning UG 2, and Building Code Occupancy Group R-2 (i.e., the current equivalent of “Res” or “J-2”).

Enforcement

It is considered unlawful to occupy or use any building or space that is in conflict with or in violation of the Zoning Resolution or NYC Construction Codes, which includes building codes.

Units identified for JLWQA use that are purchased after 12/15/2021 will be identified by the Department of Finance (DOF) and subject to audits for compliance with the Zoning Resolution and Construction Codes.

If a unit is found to be out of compliance with the requirements of the Zoning Resolution or Construction Codes, violations may be issued, and penalties may be imposed.