Matter of Coalition for Fairness in Soho & Noho, Inc. v. City of New York

Summary

The court held that the Arts Fund fee required to convert a restricted JLWQA unit into unrestricted residential use is not a compensable taking under the Takings Clause. The existing JLWQA property interest was neither taken nor diminished, and the conversion opportunity was not itself a protected property interest. Because the fee was not imposed in lieu of transferring a property interest, the court held that the heightened unconstitutional-conditions analysis did not apply and reversed the injunction against enforcement.