Supreme Court of the United States · Official docket →
The Coalition for Fairness in SoHo and NoHo, Inc., et al. v. City of New York, New York, et al.
Paid petition · Court of Appeals of New York, No. 112 · judgment January 13, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The New York City neighborhoods of SoHo and NoHo contain 1,636 lofts subject to a highly restrictive and outdated zoning designation limiting occupancy to City-certified artists. But few certified artists remain, leaving the mostly non-artist current residents bereft of qualified buyers. Residents seeking to transition to a standard residential zoning designation must obtain a conversion permit. But to apply for a permit, residents must pay more than $100 per square foot—hundreds of thousands of dollars per home—into a City-administered “Arts Fund.” Residents challenged the fee as an unconstitutional permit condition. Under Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Fifth Amendment’s Takings Clause limits the government’s power to demand property from permit applicants in exchange for approval. Koontz v. St. Johns River Water Management District, 570 U.S. 595 (2013), recognized that these limits extend to monetary demands. But the New York Court of Appeals refused to apply Nollan and Dolan. Conflicting with other state high courts, it held that a monetary demand triggers the unconstitutional conditions doctrine only where it is imposed in lieu of a dedication of real property. The question presented is: 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?
Counsel of record
For petitioner
Christopher Matthew Kieser
Pacific Legal Foundation
For respondent
Richard Dearing
New York City Law Department
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 cert-stage
Proceedings
- Aug 19 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 17 2026Reply of petitioners The Coalition for Fairness in SoHo and NoHo, Inc, et al. filed. (Distributed)
- Aug 03 2026Brief of respondents City of New York, et al. in opposition filed.
- Jun 25 2026Motion to extend the time to file a response is granted and the time is extended to and including August 3, 2026.
- Jun 24 2026Motion to extend the time to file a response from July 2, 2026 to August 3, 2026, submitted to The Clerk.
- Jun 02 2026Response Requested. (Due July 2, 2026)
- May 26 2026DISTRIBUTED for Conference of 6/11/2026.
- May 19 2026Waiver of right of respondent City of New York, et al. to respond filed.
- May 18 2026Brief amicus curiae of Cato Institute filed.
- May 18 2026Brief amicus curiae of Christopher Marte filed.
- May 18 2026Brief amici curiae of Advancing American Freedom, et al. filed.
- May 18 2026Brief amici curiae of Ronnie Wolf, et al. filed.
- May 15 2026Brief amici curiae of Manhattan Institute, et al. filed.
- Apr 13 2026Petition for a writ of certiorari filed. (Response due May 18, 2026)