NYC Charter § 2501 Department; commissioner.
Section 2501. Department; commissioner.
There shall be a department of cultural affairs, the head of which shall be the commissioner of cultural affairs.
Department of Cultural Affairs
NYC Charter ch. 67
in effectNYC Charter § 2502 Deputies.
Section 2502. Deputies.
The commissioner may appoint a deputy.
NYC Charter § 2503 Powers and duties of commissioner.
Section 2503. Powers and duties of commissioner.
Except as otherwise provided by law, the commissioner shall have the power and duty:
(a) to plan, acquire, design, construct, improve and manage facilities for the conduct of cultural activities by the city and, to the extent possible, to use the resources of other agencies to perform design and planning functions subject to the approval of such agencies;
(b) to plan, develop, conduct and supervise such cultural activities; and
(c) to foster coordination among city, state and federal agencies, other organizations and institutions with respect to cultural activities in the city.
NYC Charter § 2504 Budget estimates of cultural institutions.
Section 2504. Budget estimates of cultural institutions.
The capital and expense budget estimates, to the extent involving expenditures to be paid from the city treasury, of all institutions or other organizations engaging in cultural activities in the city, shall be submitted to the commissioner, who shall submit such expense budget estimates to the director of management and budget and such capital budget estimates to the mayor, the borough presidents, the council, and the city planning commission in accordance with law, together with the commissioner's recommendations.
NYC Charter § 2505 Cultural affairs advisory commission.
Section 2505. Cultural affairs advisory commission.
1. There shall be in the department a cultural affairs advisory commission consisting of not fewer than fifteen nor more than twenty-one members, exclusive of a deputy mayor, the commissioner of cultural affairs, and the commissioner of parks and recreation, who shall serve as ex-officio members. The members of the advisory commission shall serve without compensation.
2. a. Members other than ex-officio members shall be appointed by the mayor for a term of three years and provided that of those members first taking office one-third shall serve for one year, one-third shall serve for two years and the remainder shall serve for three years. Notwithstanding the date of appointment, the terms of members first taking office shall be deemed to commence on the effective date of this chapter.
b. The mayor shall designate one of the members of the commission to be chairman and one to be vice-chairman.
3. The commission shall advise the commissioner and the mayor with respect to cultural activities in the city and in furtherance of this function shall:
a. formulate and recommend goals with regard to cultural activities and policy;
b. foster coordination among city, state and federal agencies and other organizations and institutions with respect to cultural activities;
c. compile data and reports and submit its findings to the commissioner and the mayor; and
d. perform such other related functions and duties which may, from time to time, be deemed appropriate by the mayor.
4. All city agencies are directed to cooperate with the commission, consistent with the law, in order to coordinate and promote cultural activities in this city.
NYC Charter § 2506 Cultural plan.
Section 2506. Cultural plan.
1. On or before July 1, 2017, the commissioner shall submit to the mayor and speaker of the council and post on the department's website a comprehensive cultural plan. The department shall be the primary agency responsible for developing, implementing, and overseeing the cultural plan.
2. The cultural affairs advisory commission shall advise the department with respect to the cultural plan in accordance with section twenty-five hundred five of this charter.
3. The department shall establish a citizens' advisory committee to advise the department with respect to the development of the cultural plan, gathering community input for such plan, and how to implement such plan. The commissioner shall determine the size and composition of such committee consistent with the provisions set forth in paragraph a of this subdivision.
a. The citizens' advisory committee shall consist of a minimum of twelve members. Each borough president shall appoint one member, the speaker of the council shall appoint at least three members, and the mayor shall appoint at least three members, provided that the speaker and mayor shall have an equal number of appointments, exclusive of the chair of such committee who shall be appointed by the commissioner. Such committee shall consist of members whose backgrounds and experiences are relevant to the plan and who collectively represent a variety of interests relevant to the plan. The members appointed by the speaker of the council shall include at least one representative of a cultural institution that is a member of the Cultural Institutions Group and at least two members meeting the following description: a representative of a community-based organization whose principal purpose is the promotion or support of cultural activities; an individual with background and experience in business; an individual with background and experience in real estate; a representative of a charitable organization; an individual with background and experience in public housing; or a representative of a borough arts council. All committee members shall serve without compensation.
b. Appointments to the citizens' advisory committee shall occur not more than ninety days after the effective date of this section. Any vacancy in membership shall be filled in the same manner as the original appointment.
c. Prior to the submission of the cultural plan, the citizens' advisory committee shall meet as often as needed, as determined by the committee in consultation with the department, but not less than quarterly. Following the submission of the cultural plan, and subject to the provisions of paragraph d of this subdivision, the citizens' advisory committee shall meet as needed, but not more than semiannually, to review the biannual reports required pursuant to subdivision nine of this section.
d. The citizens' advisory committee shall cease to exist following its submission to the commissioner of any recommendations it may make following its review of the second biannual report required pursuant to subdivision nine of this section, or five years following the submission of the cultural plan, whichever is shorter.
4. The cultural plan shall address, but not be limited to:
a. the availability and distribution of cultural activities throughout the city;
b. the relationship between cultural activities and social and economic health and welfare in the city;
c. the role of the community outreach process in the development of the plan;
d. feedback from a robust community outreach process;
e. the needs of artists with respect to affordable housing and affordable long-term and temporary studio, office, and rehearsal space;
f. increasing arts education and cultural activities in the schools of the city school district;
g. how cultural activities can be incorporated into community development, economic development and land use planning processes and policies;
h. the needs of artists and communities with respect to the creation of public art in public settings; and
i. a plan of how city agencies will coordinate with respect to cultural activities, as consistent with the law.
5. The cultural plan may refer to data sets relevant to the plan.
6. The cultural plan shall, where feasible, utilize technology to enhance outreach and communication of the planning process.
7. All recommendations, initiatives, and priorities included in the cultural plan shall be designated, if known, as short-, medium-, or long-term.
8. The department and other relevant agencies shall consider the conclusions and recommendations in the cultural plan and may act upon such recommendations as appropriate.
9. Beginning two years following the submission of the cultural plan and every two years thereafter, the department shall submit to the mayor and the speaker a report detailing progress made on the recommendations, initiatives and priorities that result from such plan. The cultural affairs advisory commission and the citizens' advisory committee, during such committee's existence, shall review such biannual report and may make recommendations to the commissioner. The commissioner shall consider any recommendations received from the cultural affairs advisory commission and the citizens' advisory committee.
10. The cultural plan may be revised as appropriate every ten years.
(L.L. 2015/046, 5/18/2015, eff. 5/18/2015)
NYC Charter § 2507 Data on cultural institutions group.
Section 2507. Data on cultural institutions group.
1. For purposes of this section:
Cultural institutions group. The term "cultural institutions group" means the group of cultural institutions that operate on city-owned property and are recognized by the department as members of such group.
Public school student. The term "public school student" means any pupil under the age of 21 who does not have a high school diploma and who is enrolled in a school of the city school district of the city of New York or a charter school that is located within the city of New York, not including pre-kindergarten students.
Non-public school student. The term "non-public school student" means any pupil under the age of 21 who does not meet the definition of public school student in this paragraph, who does not have a high school diploma, and who is enrolled in a school serving students in the elementary, middle or high school grades, or any combination thereof, that is located within the city of New York, not including pre-kindergarten students.
2. No later than September 17, 2017, and annually no later than September 17 of each year, the department shall send to the council, or shall include in the mayor's management report prepared pursuant to section 12 of the charter, data in the aggregate regarding the cultural institutions group to the extent such data is made available to the department, including at a minimum:
a. total visitor attendance;
b. number of free or reduced-price visits;
c. total attendance by public school students through school-organized visits;
d. total attendance by non-public school students through school-organized visits;
e. number of partnerships with public schools;
f. total number of free admission hours;
g. number of programs, such as performances, exhibitions, and lectures, related to the cultural institution's mission or discipline and targeted to a general audience; and
h. number of programs that are targeted to or designed to reach specific groups of people including, but not limited to, seniors or youth.
(L.L. 2017/009, 2/15/2017, eff. 2/15/2017)
NYC Charter § 2508 City canvas program.
Section 2508. City canvas program.
a. The department shall implement a program to approve, subject to appropriations, from qualified not-for-profit organizations, including borough arts councils, the submission of works of art for display on temporary protective structures. Any such works of art approved pursuant to this section must be consistent with the Zoning Resolution and comply with the rules of the department. The department, in consultation with the department of buildings, shall, to the extent received, biennially approve at least 40 such works of art for such display. The not-for-profit organization that proposed a work of art for display shall secure the prior consent of the owner of the protective structure to display such proposed work.
b. The department shall annually disseminate information about the program established by this chapter, including language soliciting submissions of works of art for display on temporary protective structures, to city agencies and entities, including the following, which may share such information with members of the public served by such agencies or entities:
1. the city university of New York;
2. the commission on human rights;
3. the department for the aging;
4. the department of consumer and worker protection;
5. the department of correction;
6. the department of education;
7. the department of health and mental hygiene;
8. the department of homeless services;
9. the department of veterans' services;
10. the department of youth and community development;
11. the New York city health and hospitals corporation;
12. the New York public library;
13. the Brooklyn public library;
14. the Queens public library; and
15. residents of the New York city housing authority
From among the works of art received in response to such solicitation, the department, in consultation with the department of buildings, shall biennially approve no less than 10 such works of art for such display purposes.
c. No later than September 1, 2025, and annually thereafter, the commissioner shall post information about works of art approved pursuant to subdivision a, subdivision b, and section 3307.11.2.1 of the New York city building code on the department's website. Such information shall include an artist credit for each work of art, and may also include information about any entity that has agreed to defray the costs of developing and posting such artwork, including a developer, builder or an outside organization. Such website shall also include information about artists available to participate in the program, as well as information for property owners seeking to commission artwork pursuant to section 3307.11.2.1 of the New York city building code.
(L.L. 2021/163, 12/24/2021, eff. 9/1/2023)
NYC Charter § 2509 Open culture program.
Section 2509. Open culture program.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Artistic or cultural event. The term “artistic or cultural event” means an event or programming sponsored by an eligible institution, including, but not limited to, cultural performances, rehearsals, and classes, that is open to the public and offers services or information to the community.
City artist corps. The term “city artist corps” means the initiative established by the department in May 2021 to provide funding to the arts community during the COVID-19 pandemic.
Cultural institutions group. The term “cultural institutions group” has the same meaning as set forth in section 2507.
Eligible institution. The term “eligible institution” means a person or entity that:
(i) is an art or cultural group, organization, or institution within the city that is a member of the cultural institutions group or that is eligible to apply for a grant through the cultural development fund administered by the department;
(ii) provides documentation of funding from a borough arts council or the city artist corps, or that would have been eligible to apply for funding from such sources within the 2 years prior to the date on which such person or entity submits an application to the office for participation in the program; or
(iii) has fiscal sponsorship from a person or entity that meets the definition set forth in (i) or (ii) of this definition.
Office. The term “office” means the mayor’s office of citywide event coordination and management established pursuant to executive order number 105, dated September 17, 2007, or another agency designated by the mayor to perform the functions set forth in this section.
Program. The term “program” means the open culture program established pursuant to subdivision b of this section.
Roadway. The term “roadway” means that portion of a street designed, improved or ordinarily used for vehicular travel, exclusive of the shoulder and slope.
b. Open culture program. By August 1, 2023, the office, in consultation with the department of transportation, the department of cultural affairs, and any other agency designated by the mayor, shall establish an open culture program for the purpose of authorizing an eligible institution to conduct an artistic or cultural event in a roadway. The office shall establish eligibility and use guidelines and policies for such program in consultation with such agencies, and promulgate any necessary rules. Such program shall include the following elements:
1. There shall be no fee for participation by an eligible institution in such program, except as provided for in subdivision c of this section; and
2. An eligible institution utilizing a roadway for an artistic or cultural event pursuant to such program shall conduct such event at no charge to an audience.
c. Allowable fees.
1. An application fee of $25 may be imposed for the processing of each application to participate in the program. An applicant who requires a permit to use or operate a sound device or apparatus shall pay any applicable fee in accordance with subdivision h of section 10-108 of the administrative code.
2. Nothing in this section shall preclude the imposition of any civil penalty or fine authorized for violation of any applicable rule or law.
d. Reporting. By November 1, 2023, and annually thereafter, the office shall submit to the mayor and the speaker of the council and post on the office’s website a report on the activities of the program in the prior fiscal year. Such annual report shall include, but not be limited to:
1. The number of artistic or cultural events hosted through the program in the prior fiscal year, disaggregated by borough and council district;
2. An overview of any outreach conducted by the office or other agencies related to the program; and
3. The total number of eligible institutions that applied to the program, disaggregated by the number of such applicants whose request to use a roadway was granted or not granted.
(L.L. 2023/080, 6/25/2023, eff. 6/25/2023)
NYC Charter § 2510 Funding for arts and cultural organizations and institutions.
Section 2510. Funding for arts and cultural organizations and institutions.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Capacity-building funding. The term “capacity-building funding” means funding to help small, community-based organizations serving low-to-moderate income populations provide arts or cultural programming to members of the public.
Capital funding. The term “capital funding” means funding to support design and construction projects or to purchase or lease major equipment or machinery, such as vehicles or computers.
Commissioner. The term “commissioner” means the commissioner of cultural affairs.
Cultural institution funding. The term “cultural institution funding” means funding provided to a cultural institution in the cultural institutions group.
Cultural institutions group. The term “cultural institutions group” has the same meaning as set forth in section 2507.
Department. The term “department” means the department of cultural affairs.
Program funding. The term “program funding” means grant funding for a nonprofit organization to provide arts or cultural programming to members of the public.
b. No later than September 30, 2024, and no later than September 30 of each year thereafter, the commissioner shall submit to the mayor and the speaker of the council, and post on the department’s website, a report on funding provided by the department to arts and cultural organizations and institutions during the prior fiscal year. Such report shall include, but need not be limited to, the following information:
1. The name of each organization or institution that received funds from the department during the prior fiscal year, and for each such organization or institution:
(a) The zip code, borough, community board, and council district in which such organization or institution’s offices are located;
(b) The amount of funds the department provided to such organization or institution during such fiscal year, and for each such amount, the type of funds provided, including but not limited to program funding, cultural institution funding, capital funding, and capacity-building funding;
(c) If provided to the department, the percentage of individuals served by such organization or institution that identify as (i) Black, indigenous, or people of color, including individuals who identify as Native American, Native Hawaiian, Alaskan Native, Desi, Asian, Pacific Islander, Chicanx, or Latinx, (ii) immigrants, (iii) people with disabilities, (iv) seniors, or (v) lesbian, gay, bisexual, transgender, queer, intersex, or asexual; and
(d) The name of the leader of such organization or institution and the demographic information of such leader, if such information is disclosed to the department for purposes of the report required by this subdivision;
2. The total amount of funds used for staff and operating costs of the department during the prior fiscal year;
3. A summary description of any trends or significant changes to funding provided by the department to arts and cultural organizations and institutions; and
4. A description of any challenges to obtaining data needed to produce the report required by this subdivision.
(L.L. 2024/015, 1/6/2024, eff. 1/6/2024)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCcharter/0-0-0-7272Fetched: 10/24/2026