No. 25-1187October Term 2025Before Arguments
The Coalition for Fairness in SoHo and NoHo, Inc. v. City of New York, New York
from the Court of Appeals of New York.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the Court of Appeals of New York.
Question presented
Does the protection the Takings Clause provides to land-use permit applicants encompass monetary demands beyond those imposed in lieu of a dedication of real property?
- Case path
Court of Appeals of New York / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
A group of SoHo and NoHo residents says New York City cannot require homeowners to pay more than $100 per square foot into an "Arts Fund" before they can apply to convert artist-only lofts to regular residential use. The petition asks whether the Takings Clause, the Constitution's protection against some government property demands, limits permit fees like that, not just demands for land.
Argument
No argument is scheduled yet. The petition says New York City required a large payment into an Arts Fund before residents could apply for a conversion permit, and it asks whether the Takings Clause covers that kind of monetary demand.
Impact
SoHo and NoHo have 1,636 lofts under an old artist-only zoning rule, and the fee can add hundreds of thousands of dollars to one home. The case could affect owners trying to convert those units and other permit applicants facing large government payment demands.
What is at stake in Coalition for Fairness in SoHo and NoHo?
The case asks whether the Takings Clause covers large money payments tied to land-use permits. The challenged fee is more than $100 per square foot.
Who could be affected by the SoHo and NoHo permit-fee case?
Owners of lofts in SoHo and NoHo could be affected, especially non-artist residents seeking regular residential status. Cities that use permit-linked fees could also be affected.
What happens next in this case?
The Supreme Court has not scheduled oral argument. The next thing to watch is whether the Court takes another scheduling step or agrees to hear it.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Aug 2, 2026
- Method
- Methodology