I am writing as a concerned chiropractor. I am writing to call your attention to a matter that, although it presently affects only myself and my chiropractic practice, may escalate into an appalling situation for chiropractors throughout New York City (and possibly elsewhere).
My professional livelihood is being threatened by a ruling by the New York City Department of Buildings. The ruling, which is currently in litigation, purports that I have no right to maintain my office in a residential neighborhood. If I am evicted, such action may open the way for chiropractors all over New York City to be similarly evicted.
After graduation from New York Chiropractic College, I opened an office on West 71st Street in 1985, the same street where NYCC was originally located. I subleased that office from an existing chiropractor, who also happened to own the building in which the practice was located. I remained a sublessee until 1994, when I purchased the practice from my landlord.
The current action derives from an illegal occupancy complaint claiming that as a chiropractor, I have no right to maintain a practice in a residential neighborhood. One set of zoning regulations clearly favors chiropractors, while another appears to be prejudicial. The contradictory language in question makes chiropractors in general (and me in particular) extremely vulnerable.
Use Group 4 of the city's Residence District Regulations states that "community facilities" that offer "... recreational, religious, health, and other essential services ..." may be located in residential areas. These facilities include "medical offices or group medical centers, including the practice of dentistry or osteopathy," but do not specify chiropractors.
The fact that Use Group 4 language does not specify chiropractors is being used to bolster the Department of Buildings' illegal occupancy claim. However, further language in the regulations (Section 12-10, regarding "adult physical culture establishments") specifies that chiropractors are excluded from the category of providers limited to commercial zones. This language is apparently being ignored.
I have been fighting this situation since 1998 at great personal expense. Though the law is on my side, I may ultimately lose. How can this happen? The Department of Buildings has apparently taken the position that chiropractic care is not considered health care, while medical, dental and osteopathic care are.
I feel that the Department of Buildings is acting in a biased manner. There is evidence such practices are widespread in this department. In fact, on September 29, as part of a NY1 News broadcast, Mayor Rudolph Giuliani acknowledged some of the corruption that takes place in the department.
"I take responsibility for any problems that exist in city administration," Giuliani said. "I should have anticipated doing this six or seven years ago".
The report then went on to state: "The Department of Buildings has a long history of corruption. More than 100 inspectors employed over the last decade have been arrested or charged with a crime. There are only 250 inspector positions total."
A judge has currently stayed the Department of Buildings' ruling; however, the department is appealing that stay, and it may well be overturned. The Department of Buildings further stated, in a recent brief to the New York State Supreme Court, that the court abused its discretion in granting a preliminary injunction barring them from proceeding with an administrative hearing, regarding the illegal use of the subject premises.
Should my eviction stand, it could provide the basis for many similar evictions throughout the city (and other cities, depending on their zoning laws). In other words, maintaining a sole proprietorship chiropractic office in a residential neighborhood could be deemed a public nuisance rather than a service.
Our profession has made many strides in recent years. Receiving equal status with our fellow medical practitioners is an important piece of the puzzle. The right to maintain our practices in areas in which we can serve our patients is another important piece.
I urge my professional colleagues to take a stand on this matter. A bill is currently before the city planning commission that would include chiropractors in the roster of those professionals eligible to practice in residential areas. I am informed that major political influences will be required to affect passage of this bill. Clearly, such enactment would serve our mutual professional benefit.
To learn more about how you can help, please call your state association or e-mail me. Thank you.
Chris Koultukis,DC
New York, New York
Tel: (212) 580-2900
chrisdclac@lycos.com
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