52- Third Letter - Defining "Artist"

Here is a letter I sent to the Woodstock Planning Board on March 1, 2010. On March 4, not surprisingly, the members of the board did not see fit to raise any issues relating to this topic.

Re: Defining “Artist”

Dear Planning Board Members:

I have learned some alarming information about RUPCO’s proposed Woodstock Commons development and want to share it with all of you since of course you are in the process of deliberating the question of whether to approve the project.

The issue I am writing about in this letter is the set aside units for “artist” housing.

This set aside is made possible by the 2008 Housing and Economic Recovery Act (H.R. 3221-231).

Section 3004, called “Other Simplification and Reform of Low-Income Housing Tax Incentives” includes:
(g) CLARIFICATION OF GENERAL PUBLIC USE REQUIREMENT.—
Subsection (g) of section 42 is amended by adding at the end of the following new paragraph:
“(9) CLARIFICATION OF GENERAL PUBLIC USE REQUIREMENT.—
A project does not fail to meet the general public use requirement solely because of occupancy restrictions or preferences that favor tenants—
“(A) with special needs,
“(B) who are members of a specified group under a Federal program or State program or policy that supports housing for such a specified group, or
“(C) who are involved in artistic or literary activities.”

What all that means is that anybody who can show that they are “involved in artistic or literary activities” can qualify as an artist. RUPCO is not authorized to redefine or narrow this definition in order to make this set-aside favor any one category over another.

Now, since Woodstock is such a famous artists’ town, don’t you think that artists from all over the place will drive to Woodstock or Kingston to apply for artists’ subsidized housing?

In 1969, Ireland abolished income tax for artists. The intention was to keep Irish artists in Ireland. The result was that all kinds of untalented, opportunistic show people turned up in Ireland for the tax break, and Ireland is still struggling to reverse this horrible mistake.

Also, there is no threshold, so Bono cleared 345 million euros a couple of years ago, tax-free. The laws of unintended consequences are going to make a laughing stock of our town if RUPCO opens “affordable artist housing” to a statewide lottery. I would bet that not more than two currently local residents secure the units set aside for artists.

Please think carefully about the vague and easily manipulated concepts that RUPCO is tossing around carelessly. The consequences to the character of this town are in the balance.

Thank you for your most serious consideration in this matter.

Yours truly,

Robin Segal