Amendment of Consumer Affairs Penalty Schedule

Proposed Rules: Closed to Comments

Comment By: 
Monday, June 26, 2017

Statement of Basis and Purpose of Proposed Rules

Chapter 6 of Title 6 of the Rules of the City of New York contains the rules implementing Executive Order No. 18, dated June 23, 2016, which transferred DCA’s adjudicatory responsibilities to the Office of Administrative Trials and Hearings (OATH).  The rules provide guidance to those who want to settle their violations before appearing at OATH, including by setting fixed penalties for violations issued by the Department.

The proposed rules seek to provide additional guidance by clarifying the Commissioner’s enforcement powers with respect to unlicensed activities and authority to seal premises under the Administrative Code of the City of New York and any other city, state or federal law conferring such power upon the Commissioner.  The proposed rules also seek to clarify that if a penalty is not specifically provided for a violation of law or rule that is within DCA’s jurisdiction to enforce, Section 2203(h)(1), which authorizes DCA to impose civil penalties up to $500, will apply.  The proposed rules also seek to amend the fixed penalties for violations of the consumer protection and public safety laws and establish additional fixed penalties for violations of laws and rules related to dealers in second-hand articles, debt collection agencies, carpet VOC emissions, air conditioning, and pregnancy services centers.      

Public Hearing


Public Hearing Date: 
Monday, June 26, 2017 - 10:00am

Casey Adams, 212-436-0095;

NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004