Learn basic tips on how to help provide sanctuary and support to immigrant and refugee artists and colleagues.

NYFA recently held a two-hour Know Your Rights Sanctuary Training with Ravi Ragbir, director of the New Sanctuary Coalition; Abou Farman, from Art Space Sanctuary; and Geoff Kagan-Trenchard, Esq. from Anti-Violence Project. We're distilling some of the most important takeaways and encourage you to bring the Know Your Rights Sanctuary Training to your organization. To do so, please contact Abou Farman at [email protected] and Ravi Ragbir at [email protected].

The presentation contextualized a sense of urgency for the affected communities, and the conceptual work that is necessary to understand the intersectional nature of immigration matters. Kagan-Trenchard explained and showed the difference between an administrative and judicial warrant and how to recognize if you are being given a document that has no judicial significance. He provided a reminder that cultural organizations should not be asking and recording immigration status, should avoid storing such information in their database, and must certainly not share it. 

If a law enforcement officer enters your facility, there should be a designated staff member that should: 

Ask them to identify themselves (are they local police or immigration?).

Write down the full name of the officer(s) present.

Ask why he/she is there and request to see a warrant (if the officer lacks a warrant, respectfully ask that the officer leave your premises). 

It is important to be able to recognize and document whether the warrant is administrative or judicial. Try to limit interactions with the officer to specific competent individuals in the organization (counsel or director) and contact a local immigration attorney or nonprofit to advise on the situation. The designated staff member should inform all who are present that they will directly engage with the officers and issue a reminder that everyone present has the right to remain silent.

A few key points to keep in mind before an emergency occurs: 

Don’t wait until you need friends to make them.

Have a contact for an attorney and media rep ready.

Don’t wait until it’s an emergency to make a plan. 

Who is the person in charge if ICE arrives at the venue, and what are they going to say?

“You’ll need to speak with the manager” is something you can say, even if you are a manager.

You have the right to (and should) film interactions with law enforcement/ICE. It’s a good idea to have someone on staff ready for this. Don’t obstruct while filming. 

Don’t have anything to give them. 

Minimize the amount of sensitive information you have.

All social media is monitored. Act accordingly.

 Don’t be quiet about how you feel about them.

A little bit of signage goes a long way. Mark private spaces clearly. That’s where the law can’t enter without a warrant.

Best practices for supporting immigrants in your organization:

Train staff

Post notices 

Delimit public/private spaces

Be mindful of privacy & records

Create a safe environment 

Don’t require ID 

Provide resources and information 

Best practices for immigrants:

Get a New York City ID (NYC ID).

If you have valid immigration documents, show them. Always carry these with you.

DO NOT carry papers from another country: if you have these, they can be used against you in the deportation process.

You do not have to sign papers that you do not understand. Wait until you talk to a lawyer. 

Do not let anyone scare you into signing papers.

By signing something, you are saying that you read and understand the document and agree with what it says.

Emergency safety plan:

Reliable immigration lawyer’s name and number.

Someone to take care of your loved ones (especially children, elderly, and pets).

Arrange for your medical needs. 

Organize important documents in a safe place; make copies and make them accessible to a trusted person. 

Keep your Alien Registration Number (A-number) and birthdate in a place accessible by loved ones should they need to locate you. 

Community safety plan: 

Know your rights!

Develop a Buddy System and community self-defense:

Create a network of friends, family, neighbors, etc.

Put together a text tree, phone tree, noisemakers, banners, videographers, photographers, legal observers, etc.

Important resources: 

Accompaniment Training

Websites for low-cost immigration attorneys in your area:

List of pro-bono legal service providers in the USA

American Immigration Lawyers Association

Administrative Relief Resource Center

 Pro Se (Legal) Clinic

New Sanctuary Coalition Resources Directory

NYFA IAP Resource Directory - Immigrant Services

- Alicia Ehni, Program Officer 

This post is part of the ConEdison Immigrant Artist Program Newsletter #123. Subscribe to this free monthly e-mail for artist’s features, opportunities, and events. Learn more about NYFA Immigrant Artist Mentoring Program.

Images from the Top: Geoff Kagan-Trenchard, Esq., Photo Credit: NYFA; Ravi Ragbir, Photo Credit: NYFA

How to cultivate your creative practice and career where you live and beyond.

New York City has a wealth of resources for artists and creative consumers alike, yet there are also challenges associated with being a working artist here, including a high cost of living and limited opportunities for affordable workspace. As much as we love our city (New York Foundation for the Arts’ office is in Brooklyn, after all), for the purposes of this post, we’re focusing our lens outside of city limits to examine how you can best cultivate your creative practice and career.

Develop your goals as an artist.

We talked to three artists who have exhibited widely both within their local communities as well as internationally: Jan Harrison (Recharge Foundation Fellow ’19), who after living in Cincinnati for many years settled in Kingston, NY, two and a half hours away from Manhattan, and Kim Bishop (IAP Mentor ’19) and Luis Valderas (IAP Mentor ’19), who in addition to being artists, co-founded the 3rd Space Art Gallery in San Antonio, TX.

Bishop and Valderas emphasized that it is important for working artists to “have a clear vision of your goal as an artist, then be ready, and be professional.” Artist-centered professional development and entrepreneurial training programs can help you define your artistic vision as well as short and long term goals. In addition to reaching out to your regional or state arts councils for opportunities, several national organizations offer both in-person or remote learning options, including NYFA Learning and the nonprofit organization Creative Capital. Harrison also echoed the need for artists to be proactive about finding opportunities and cultivating their careers, “Find your own way; don’t just try and fit within an established art world. Be creative about how you are going to exhibit your work.”

Be involved in your local arts community.

As a working artist, be involved in your local arts community where you can find like-minded artists and creative professionals to share resources, exhibit work, and learn about new opportunities. Outside of New York City, arts communities tend to be smaller and tight-knit, yet they are often more accessible to new artists. Harrison suggested that artists “go to local openings and studio visits as much as possible, and find connections that aren’t necessarily in the arts, but that have shared passions.” As you discover artists and organizations nearby that you respect, sign up for their mailing lists, follow them on social media, and participate in their programming as much as possible.

“Be prepared to share your knowledge through mentorship or teaching because you have to show how art is valuable to your community,” emphasized Bishop and Valderas, “Be active in the development of art policy in your city.” Search Americans for the Arts’ Arts Service Directory to find your local arts agencies; Americans for the Arts also lists an advocacy toolkit for individuals and information about current legislation affecting the arts on their website.

Be part of the broader arts community, too.

Arts writers and collectors tend to be clustered around international arts centers, such as New York City and Los Angeles, so seek out opportunities to develop connections in those places while still living and being active in your local arts community. Stay up-to-date with industry-related news in your discipline, including reading local and international arts and culture publications and following artists you admire on social media. Develop a strong digital presence, including a website with professional-quality images of current work and previous projects, and maintain active social media accounts. Harrison explained that some of her exhibition opportunities in the United States and in Europe came from relationships that started through various forms of communication, including global environmental and animal activism, as well as social media. She also maintains many personal and professional relationships in New York City and beyond.

In addition to a strong digital presence, Bishop and Valderas recommended that artists develop relationships with academic institutions, join professional associations and participate in their conferences, and apply for residencies to make connections outside of their geographic region. They also advised that artists can “develop your network outside of the community by traveling as well as hosting.”

Find open calls online on NYFA’s Opportunities & Services page, NYFA Source, the Alliance for Artist Communities Residency Directory, and discipline-specific resources such as Common Field, Poets & Writers, and Theatre Communications Group. National visual, performing, and literary conferences that artists and industry professionals both attend include convenings by the Association of Performing Arts Professionals (APAP), Association of Writers and Writing Programs (AWP), and the College Art Association (CAA).

As an artist, find opportunities to channel your creative energy both within and outside your local arts community to raise your visibility, learn from peers and mentors, and build lasting relationships across the diverse populations of arts enthusiasts in this country and abroad. “Think locally, regionally, and globally,” said Harrison, “You can do all three.”

- Maria Villafranca, NYFA Coach

You can find more articles on arts career topics by visiting the Business of Art section of NYFA’s website. Sign up for NYFA News and receive artist resources and upcoming events straight to your inbox.

Arts administrators from all disciplines within commuting distance to New York City are encouraged to apply by February 3, 2020.

Through the support of American Express, New York Foundation for the Arts (NYFA) is pleased to announce the sixth session of its Emerging Leaders Program, a free initiative that provides leadership training for arts administrators over nine months. NYFA believes an investment in the cultural infrastructure will benefit the entire field, building stronger links and shared knowledge between artists and arts administrators.

More than 125 arts administrators have participated in the program since its inception. They come from a diverse range of arts and cultural organizations, and serve a wide variety of disciplines and constituents. Visit the following links to view our alumni from the inaugural cohort and 2014, 2016, 2018, and 2019 programs; all affiliations listed are from the time that they took part in the program.

NYFA is seeking applicants who are committed to the arts with clear long-term leadership goals that are willing to engage in self-reflection and step outside of their comfort zone to learn new skills. We integrate creativity into the program with a flexible and adaptive approach that adjusts to the needs of the cohort throughout.

Our core objective is to help arts administrators discover, identify, and develop their personal motivation and individual competencies as leaders while exploring the attributes and themes of arts leadership through an examination of traditional and contemporary leadership models. Arts administrators of diverse backgrounds are encouraged to apply. 

Selected participants will benefit from:

An exploration of your individual leadership attributes through concepts such as world view, emotional intelligence, vision, mission, and values.

Individual and group activities that focus on discovering and better understanding your individual strengths and challenges in a leadership context.

Exploration of leadership in multiple settings with the goal of identifying the elements of success that are unique to arts leadership. 

Development of an individual learning plan for each participant that addresses at least one critical leadership challenge you currently face.

A cohort-learning model that relies on shared experiences to explore and develop a greater awareness of your personal leadership style.

Access to alumni network and dedicated alumni advisors for individual guidance and support.

A peer cohort of 24 arts administrators.

Case studies, guest speakers, panel discussions, and group exercises that focus on purpose-centered leadership, including diversity, equity, and inclusion; negotiation skills; and decision-making frameworks.

Group and individual exercises that challenge and track individual progress and understanding of your actual and/or desired leadership attributes and roles.

Technical workshops and panels related to management, strategic planning, fundraising, and board development.

Exposure to key influencers within the arts and cultural communities.

The 2020 program will be facilitated by nonprofit trainer and consultant Gilles Mesrobian. Mesrobian is on the faculty of Bard College’s MBA in Sustainability, where he teaches Personal Leadership Development. His credentials include over 30 years of senior management experience in the non-profit arena, with over 20 years as an Executive Director. His consulting experience covers a broad range of organizational work in the nonprofit and philanthropic sector, including governance training, organizational assessment, leadership development, executive leadership transition, executive search, strategic planning, retreats, and trainings.

The program structure includes a five-day intensive with a rigorous blend of presentations, formal lectures, and break-out groups. Additionally, it includes half-day check-ins, an alumni mixer, final sessions, and a follow-up reunion event.

Application Deadline: 

Monday, February 3, 2020, 11:59 PM (EST) 

Eligibility:

Mid and senior level administrators in full-time employment by nonprofit arts and cultural organizations with budgets over $250,000.

Executive Directors from non-profit arts and cultural organizations with budgets under $250,000.

Commitment to mandatory attendance to all sessions.

Open to participants from the five boroughs of New York City and Metropolitan area within commuting distance of New York City. 

Program Schedule:

All sessions are mandatory and will take place at New York Foundation for the Arts at 20 Jay Street, Suite 740, Brooklyn, NY 11201, unless otherwise noted. Please check your calendar before applying.

Thursday, March 12, 2020 Intro Meeting: 10:00 AM -12:30 PM

Monday, March 23 - Friday, March 27, 2020 Five day intensive: Monday and Friday, 10:00 AM - 4:00 PM Tuesday - Thursday, 10:00 AM - 1:30 PM

Wednesday, May 13, 2020 Check-in: 10:00 AM - 1:30 PM

Wednesday, June 17, 2020 Check-in: 10:00 AM - 1:30 PM

Wednesday, July 15, 2020 Alumni mixer: 6:00 PM - 8:30 PM

Wednesday, Sep 16, 2020 Check-in: 10:00 AM - 1:30 PM

Tuesday, November 10 and Wednesday, November 11, 2020 Final sessions: 1:30 PM - 5:30 PM

Wednesday, February 10, 2021 Reunion: 10:00 AM - 12:30 PM

Application Guidelines:

For the application, we ask you to provide:

Organization information.

Why you are interested in applying to this program and a list of goals relative to your leadership career path within the next 2-5 years.

Your current role and responsibilities.

A particular challenge in your current organization that participating in this program could help you address.

A narrative bio of your professional career.

Contact details of your supervisor and confirmed permission to participate.

How to Apply:

Applicants can apply via Submittable. First-time users will need to register with Submittable to access the application portal.

Applications are reviewed by alumni of the program and outside executive professionals.

Notification: 

Applicants will be notified on or before February 19, 2020.

Questions?

Contact the NYFA Learning team at [email protected] with “Emerging Leaders Program” in the subject line. We understand that arts organizations can be structured in a variety of ways, so please contact us for eligibility clarifications.

Testimonials:

The Emerging Leadership program is a growing network of peers and colleagues that encourages me to grow. Connecting to folks in dance, museums, and theatre creates more solidarity with issues that we share - both positive and negative. We are able to advise each other and engage with an elder generation of leaders. Thank you! - Eva Mayhabal Davis, Independent Curator, Eva Mayha Projects

This program provided a strong leadership development framework that prompted much self-reflection and a resulting increase in confidence to initiate and build change. Learnings from workshops validated my previous experiences and incited a call to action in my life. 'Operational Excellence' is a theme that really stood out to me and is what I aim to implement in all of the spaces in which I perform. - Sade Falebita, Associate Director of Youth Programs, Downtown Community Television Center

NYFA’s Emerging Leaders Program is made possible with the generous support of American Express.

Learn about the intricacies of choosing a creative career from the comfort of your home, studio, or anywhere with internet access.

The New York Foundation for the Arts (NYFA) is pleased to announce its next Online Learning initiative to provide professional development workshops to arts administrators and arts professionals nationally and internationally through a webinar platform.

Arts professionals in all disciplines, organization types, and sizes can now explore the principles of working in the arts industry from anywhere with an internet connection. As many of our professional development programs are focused on building community, these online sessions also provide virtual networking opportunities to registered participants.

The “NYFA Online Learning: Creative Careers” series is curated by Mara Vlatković and is designed to guide you on the ins and outs of being a professional in the arts industry. Whether you're just starting out, have been in the midst of it for years, or are looking for new challenges or opportunities, you'll find great advice and inspiration in this series. You can register for all the workshops in a row as they build off of each other, or attend the one that speaks to your current situation and needs.

Each session in this series costs $25. Registration starts six weeks prior to the workshop date.

April 30 Finding a Job in the Arts Presented by Adrienne Stortz, Director of Special Projects, Arts Initiative & Miller Theatre, Columbia University Registration: Please register for the program here.

Are you new to job hunting in the arts? Or are you looking for new opportunities but haven't been a jobseeker for a few years? The arts world can be challenging to navigate: what does “networking” mean in an age of social media, how do you determine which jobs you want, where do you find job postings, and how do you make your resume really stand out? This workshop will take you through the process of finding a new job, including searching, applying, interviewing, and negotiating an offer. You will come away with a clear roadmap of how to land your next dream gig in the arts.

May 21 Arts Administration: Defining Roles Presented by Andrew Taylor, Associate Professor of Arts Management, American University Registration: Please register for the program here.

Arts Administration and Arts Management are broad terms that contain a multitude of roles and functions. What’s the best fit for you, and how do you find and grow into the work you’re most connected to? This session will explore the many parts and players that transform creative inspiration into fully realized artistic work—from production and management to marketing, development, operations, finance, education, and more. If you’re thinking of switching or extending your work in the arts, or hoping to connect your strongest skills with the art-world’s greatest needs, come learn about the individual pieces and the whole that make the arts and artists thrive.

June 18 Navigating Office Politics Presenter to be announced.

There is no workplace without office politics. Water cooler conversations, favoritism, micromanagement, work friends—they're all part of a larger structure that informs your day-to-day work experience. Learn how to navigate and use the organizational framework of your workplace to advance and excel in your career. Small changes and adjustments can have a large impact and can make everyone's work day easier and more comfortable. Identify new ways of managing up or down and how to grow in organizations that might lack support, professional development, or good HR practices.

How It Works:

Each session lasts for 90 minutes, including the lecture and Q&A.

Each session will take place from 6:30 PM to 8:00 PM EST.

Creatives from around the world can join workshops through our webinar platform or international call-in numbers.

Participants will have access to the presenters during the live sessions, and also to the program materials and recordings after the workshops as long as they register before the session starts.

Registrants will have access to the recordings for six months following the session.

This program is part of NYFA Learning, which includes professional development for artists and arts administrators. Sign up for NYFA’s free bi-weekly newsletter to receive updates on future programs.

Explore the fundamental principles of sustainability in the arts from the comfort of your home, studio, or anywhere with Internet access.

The New York Foundation for the Arts (NYFA) is pleased to announce its new Online Learning initiative to provide professional development workshops to artists, arts administrators, and arts professionals nationally and internationally through a webinar platform.

Creators in all disciplines can now explore the fundamental principles of sustainability in the arts from anywhere with an Internet connection. As many of our professional development programs are focused on building community, these online sessions also provide virtual networking opportunities to registered participants.

The first series of online workshops will expand on NYFA’s newly-revised second edition of The Profitable Artist (Allworth Press, 2018), and will cover related topics, including strategic planning, finance, law, marketing, and fundraising. Each session in this series costs $25.

How It Works:

Each session lasts for 90 minutes, including the lecture and Q&A.

Each session will be offered on the third Tuesday of each month from 6:30 PM to 8:00 PM EST.*

Creatives from around the world can join workshops through our webinar platform or international call-in numbers.

Participants will have access to the presenters during the live sessions, and also to the program materials and recordings after the workshops as long as they register before the session starts.

Registrants will have access to the recordings for six months following the session.*

* Unless otherwise noted.

Save the Dates of Our “NYFA Online Learning: The Profitable Artist” Series!

September 25:  Fundraising workshop with Peter Cobb, Co-Editor of The Profitable Artist; learn more about the workshop and register here to participate.

October 16:  Marketing workshop with Mara Vlatkovic, contributor to the marketing chapter of The Profitable Artist.

November 20: Legal workshop with Elissa D. Hecker, contributor to the legal chapters of The Profitable Artist.

October and November registrations will start six weeks prior to the workshop dates.

This program is part of NYFA Learning, which includes professional development for artists and arts administrators. Sign up for NYFA’s free bi-weekly newsletter to receive updates on future programs.

Comprehensive “how-to” guide to being a professional and profitable working artist now available for purchase.

While all art is unique, the challenges artists face are shared regardless of background, experience, and artistic medium. With decades of experience training and helping artists worldwide, the expert staff of The New York Foundation for the Arts (NYFA)—in conjunction with outside professionals—have compiled a best practices approach to planning and organizing an arts career.

In The Profitable Artist: A Handbook for All Artists in the Performing, Literary, and Visual Arts (Allworth Press, 2018), NYFA has identified common challenges; examined specialized areas of strategic planning, finance, marketing, law, and fundraising; and distilled these topics in such a way that readers can digest them and apply them to their own experience and practice. This newly-revised edition has made considerable updates to reflect changes in the legal and financial landscapes, the vast shift in the tools and culture of both social media and fundraising, and proven planning methodologies from the startup community. 

The invaluable guide, which is edited by Peter Cobb, Felicity Hogan, and Michael Royce, appeals to artists in all disciplines of the literary, media, performing, and visual arts—from recent art school graduates to established artists undertaking new arts businesses, to artists seeking more from their careers at any stage.

Retail Price: $24.95 NYFA’s Price: $20.00 (plus shipping)

Click here to purchase. For more information and international shipping costs, please contact [email protected]. If you encounter technical difficulties when purchasing the book, please contact [email protected].

The Book Includes:

●    Techniques for planning your career ●     Innovative fundraising tips ●     Best practices for marketing and selling your work to new audiences ●     Networking strategies for a digital world ●     Budgeting and financial basics made clear ●     Legal requirements and terminology in plain English

Online Learning Initiative

In conjunction with the second edition of The Profitable Artist, NYFA has launched a new Online Learning initiative that provides professional development workshops for artists, arts administrators, and arts professionals nationally and internationally through a webinar platform. Starting September 25, the online workshops will cover topics including strategic planning, finance, law, marketing, and fundraising. More details and how to register here.

Praise for The Profitable Artist

"Drawing from the expertise of legal, financial, and marketing advisors, The Profitable Artist provides an indispensable, user-friendly guide to developing a successful artistic practice. Comparing tactics to those used by successful start-ups, this thorough guide provides valuable guidelines from a range of consultants to contextualize those factors that can make or break creative businesses. The NYFA Artist as Entrepreneur Boot Camp has been a huge positive resource for our students at RISD, as they develop their freelance practices and set up studios and businesses. The same methods employed there form the basis of this book, now broadly available to emerging practitioners. The book is easy to navigate—readers can dip in and out of topics on an ‘as need’ basis on subjects such as protecting intellectual property, developing new audiences for projects and events, planning for retirement, pricing work, optimizing digital tools, fundraising, and many other detailed aspects of building a career. This valuable reference provides artists with essential tools to develop a successful and sustainable practice. – Rosanne Somerson, President, Rhode Island School of Design (RISD)

"The Profitable Artist is a goldmine for citizen artists of today who are looking to weave their art into the fabric of our society. The importance of recognizing one’s role and responsibility as an artist is more important today than ever before. It is about defining the purpose and relevance of one’s creative enterprise, and this resource offers meaningful insight in this space." – Aaron P. Dworkin, Professor of Arts Leadership and Entrepreneurship, University of Michigan, and Afa S. Dworkin, President and Artistic Director, Sphinx Organization

"Back by popular demand is the second edition of The Profitable Artist. Its debut is as timely as the first edition. Much of the useful information in The Profitable Artist dovetails with recommendations contained in CreateNYC that support individual artists. It continues to be an invaluable resource of information and pathways to success and independence for artists everywhere!” – Ben Rodriguez-Cubenas, Program Director, Charles E. Culpepper Arts & Culture Programs, Rockefeller Brothers Fund, and Chair, Citizens’ Advisory Committee for CreateNYC

This book is part of NYFA Learning, which includes professional development for artists and arts administrators. Sign up for NYFA’s free bi-weekly newsletter to receive updates on future programs.

A deep dive into proposal writing, developing your networks, and individual giving this September and October via Zoom.

Interested in upping your fundraising game this fall? Join New York Foundation for the Arts (NYFA) and Asylum Arts as we offer an online course on developing and building fundraising strategies for your career and art practice. The course, which will provide deep-dives into proposal writing, developing your networks, and individual giving, is designed for artists of all disciplines and will be accessible anywhere you have internet access through Zoom. It will be taught by Rebecca Guber, Founder and Director of Asylum Arts.

The September and October course will focus on two topics: “Proposal Writing: How to Work Smarter, Not Harder, On Getting What You Want” and “Developing Your Networks and Individual Fundraising.” Each topic is comprised of a webinar and an interactive workshop, and artists can register for one or both depending on their individual needs. In order to provide personalized feedback, interactive workshops will be capped at 25 participants; those registering for an interactive workshop must first take the webinar on that topic. 

Cost:

$25 for one webinar

$75 for one webinar and the corresponding interactive workshop

$125 for the full course of two webinars and two interactive workshops

Guber, who brings 20 years of expertise in the art world to the course, has been called a “kind, knowledgeable presenter” and her previous proposal writing workshop was reviewed as a “lively, informative overview” by participant Laura Maria Censabella. "Even after being in the 'business’ for a while, I learned some things I can be doing better," said Censabella.

Read on for more details on each and how to register.

Proposal Writing: How to Work Smarter, Not Harder, On Getting What You Want

Webinar: Wednesday, September 23, 2020, 1:00 PM - 2:30 PM EDT Interactive Workshop: Wednesday, September 30, 2020, 1:00 PM - 2:30 PM EDT

Many opportunities for artists require written proposals, which can seem like a skill far away from your artistic process. This topic is geared towards individual artists seeking grant or residency program opportunities or who are looking to pitch projects via written materials.

The September 23 webinar will cover: 

How to present your best self and work in written proposals.

Different types of proposals that artists may encounter.

Common elements of a proposal and best practices.

How to be most efficient with your research and proposal writing.

What happens during the review process.

The September 30 interactive workshop will provide:

In-depth explanation of the different types of project budgets.

How to use budgets to tell the story of your project.

Pitfalls and challenges of budgets.

Key aspects of strong artist statements.

Feedback on your artist statement.

For more detailed information and to register for “Proposal Writing: How to Work Smarter, Not Harder, On Getting What You Want,” click here.

Developing Your Networks and Individual Fundraising

Webinar: Wednesday, October 21, 1:00 PM - 2:30 PM EDT Interactive Workshop: Wednesday, October 28, 2020, 1:00 PM - 2:30 PM EDT

This topic is for individual artists and those who run companies/organizations who would like to incorporate individual giving into their fundraising model, and better activate and cultivate their existing networks. 

The October 21 webinar will cover:

Fundamentals of individual giving.

Why people give.

Cultivation and relationship-building techniques.

How to ask for money.

How artists can leverage their networks to increase support for their work.

The October 28 interactive workshop will provide:

An in-depth look into the topics covered in the October 21 webinar.

Ways to identify your existing network and opportunities for growth.

Tips for speaking compellingly about your creative projects as a way to gain support.

Role-play and practice asking for funding

For more detailed information and to register for "Developing Your Networks and Individual Fundraising,” click here.

Interested in taking the full course? 

For more detailed information and to register for “Proposal Writing: How to Work Smarter, Not Harder, On Getting What You Want” and “Developing Your Networks and Individual Fundraising,” click here.

Presenter’s Bio: Rebecca Guber is the Director and Founder of Asylum Arts, a global network of over 600 emerging Jewish artists. She was previously the founder and Director of the Six Points Fellowship. Guber has built a community of artists exploring Jewish ideas and identity through fellowship commissions for new work, grants, international retreats, and professional development. Over the last 12 years, her projects have been the largest direct funder of emerging Jewish artists, distributing over 1.5 million dollars for new projects. Artists supported through her efforts have produced readings, workshops, and performances and have been featured in hundreds of articles and blog posts, including major press, radio, and national TV. Guber has also worked at the Lower Manhattan Cultural Council, the Museum of Jewish Heritage, and founded the Shpatzirin Festival. She has reviewed many thousands of proposals over her 20 years in the art world and has facilitated many review panels. Guber hates jargon, and loves proposals that are unusual, interesting, and paint a clear picture. 

Questions? Email [email protected]. 

This program is presented by NYFA Learning. Sign up here to receive NYFA News, a bi-weekly organizational email for upcoming awards, resources, and professional development. NYFA Learning also offers the monthly Immigrant Artist Program (IAP) Newsletter if you are interested in opportunities, professional development, events, and tips and advice specific to immigrant artists.

What you need to understand eviction, rent, and contracts in this time of uncertainty, courtesy of Tin-Fu (Tiffany) Tsai, Esq.

In response to the COVID-19 crisis, New York Foundation for the Arts (NYFA) and the Pro Bono Steering Committee of New York State Bar Association’s Entertainment, Arts and Sports Law Section (EASL) are collaborating to offer a series of free online workshops to support creative communities. This post draws insights from a webinar led by Tin-Fu (Tiffany) Tsai, Esq., Co-Chair of EASL’s Pro Bono Steering Committee, that addressed questions including: Can my landlord evict me? Do I need to pay rent? and What strategies can I use when negotiating with my landlord?

Please note that this article is a guide, and is for general informational purposes only. It does not provide any specific legal advice nor create an attorney-client relationship.

When Negotiating with Your Landlord

Before speaking, prepare and read the fine print.

Talk to your landlord early. Don’t just wait for them to reach out. Landlords will always prefer to keep a good tenant, so work with them.

Be creative: think and speak long-term when considering your options. Offer whatever you can, considering rent forbearance, rent reductions, and rent deferments as potential tools. You could offer to extend your lease to account for money lost during reduced or deferred rent.

Put the agreement in writing, for future reference and for the purpose of evidence if needed. 

What follows is what you need to know specifically about eviction, rent, and contracts in order to have these conversations.

What You Need to Know: Eviction

If you have a lease, you can only be evicted if your lease is up, you owe rent, or you have seriously violated your lease. Your landlord cannot evict you without advance notice, which is 30 to 90 days based on the length of your lease term if the lease is up or 14 days for owed rent. 

The landlord cannot evict you without going to the court first, which requires them to file a petition to start the court proceeding. The tenant has the right to ask the court to postpone the case for at least 14 days if they are not ready for it.

After the landlord gets a judgment, the landlord must give the Court Clerk a warrant of eviction. After the warrant of eviction is signed, the landlord needs to hire a Marshal, Sheriff, or Constable to take steps to evict the tenant. They will give you at least 14 more days to move. Moreover, the eviction must take place on a business day, during the day. One way to stop the eviction is by paying the full amount of rent due to the court before the eviction is executed.

In New York State, Governor’s Order No. 202.8 instituted a 90-day eviction moratorium. Courts stop accepting eviction filings but continue to address essential cases. Marshals/Sheriffs may not evict until further notice. Note that the stay was extended for another 60 days through mid-August and banned late fees for missed payments during the moratorium.

On the federal level, the Coronavirus Aid, Relief, and Economic Security (CARES) Act imposes a 120-day moratorium on eviction filings and charging fees for non-payment of rent for most of the affordable housing properties. The landlord may not ask a tenant to vacate for any reason without a 30-day notice, which cannot be issued during the 120-day period.

Properties covered under the CARES Act include those participating in the federal assistant program or subject to federally backed mortgage loans. Check your lease documents to see if this includes your property.

What You Need to Know: Rent

Do I have to pay rent right now? The short answer is yes: the eviction moratoria do not excuse tenants’ duty to pay rent. After it ends, tenants who do not pay may still face financial and legal liabilities.

So far, Governor Cuomo’s actions suggest that he feels the eviction moratorium is sufficient in and of itself. There remain proposed rent cancellations such as the below, but none have been passed yet.

New York State Senate Bill 8125A, which was introduced on March 23, 2020, proposes cancellation of rents for 90 days for individuals and small businesses

The Rent and Mortgage Cancellation Act, which was introduced on April 17, 2020, proposes a nationwide cancellation of rents from March 13, 2020 and would last for a year. This is only for primary residences, no double-dipping on multiple properties. 

Rent Freeze

New York City also provides rent freeze programs for seniors and tenants with disabilities who qualify to have the rent frozen at the current level and be exempt from future rent increases. All details on rent freeze are available on the Department of Finance’s site.

For market-rate tenants, landlords can ask tenants to pay more but should give up to 90 days notice if rent increases over 5%. 

Late Fees

A rent payment is late only when received more than five days after it is due, and the landlord must provide written notice for late fees.

The amount of late fees is limited to $50 or 5% of the monthly rent, whichever is less. People who live in properties covered by the CARES Act cannot be charged late fees for 120 days starting from March 27, 2020. 

What You Need to Know: Contracts

Force Majeure

A force majeure is an event that prevents someone from doing something that they agreed to do. This can include acts of nature, acts of man, and anything unforeseen, and is a contractual provision that is interpreted narrowly by New York courts.

Whether COVID-19 qualifies as a force majeure event is case-by-case and depends on the terms of your contract, and it must be proven that failure to perform is specifically caused by the pandemic.

Impossibility

Impossibility is a common law defense that applies to an unforeseeable non-performance of a contract, and means that something is objectively impossible. For example, if one’s lease for a building where a business operates demanded that they operate continuously, the mandated shutdown of businesses would make COVID-19 a trigger of impossibility in court. 

Economic hardship is usually not enough by itself to invoke the doctrine of impossibility. 

Constructive Eviction

Constructive Eviction is when a landlord doesn’t physically evict a tenant but takes action that substantially interferes with the tenant’s use and enjoyment of the premises. For example: failure to provide heat in the wintertime or barring tenants from the premises. 

Most leases include provisions that require tenants to pay rent even when the landlord isn’t providing certain services. In order to prove that constructive eviction has taken place, tenants need to demonstrate a wrongful act on the landlord’s part. 

About Tin-Fu (Tiffany) Tsai, Esq

Tsai has in-house and law firm experience both in the U.S. and Taiwan. Currently, she leads the legal department of Arris Properties Group LLC, a New York-based real estate development company, and advises on various transactional and litigation matters. A Co-Chair of the Entertainment, Arts and Sports Law (EASL) Section of the New York State Bar Association, Tsai is excited to combine her passions in art and law by helping professionals in the creative world navigate legal issues and use regulations to their advantage.

- Recap Authored by Kyle Lopez, REDC Fellow

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