Converting from JLWQA to Residential Use

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.

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.

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

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

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.

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.

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.

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.

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 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.

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).

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.

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.

• 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).

• 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.

• 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”).

• 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.