Amendment of Consumer Affairs Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, September 21, 2017
Agency:
Keywords:
Download Copy of Adopted Rule (.pdf): 

New York City Department of Consumer Affairs

Notice of Adoption

Notice of adoption of amendments to Chapter 6 of Title 6 of the Rules of the City of New York.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs (DCA) by Sections 1043, 2203(f), and 2203(h)(1) of the New York City Charter, Executive Order No. 18, and Sections 17-1409, 20-104, 20-105, 20-271(d), 20-275(b), 20-494, 20-703(a), 20-818(a), 20-818(b), and 20-910(e) of the Administrative Code of the City of New York, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department amends Sections 6-01, 6-10, 6-11, 6-19, 6-47, and 6-61, and promulgates and adopts Sections 6-62, 6-63, 6-64, and 6-65, of Chapter 6 of Title 6 of the Rules of the City of New York, to clarify DCA’s enforcement powers after notice and hearing with respect to unlicensed activity and authority to seal a premise, to clarify the applicable penalty if a penalty is not specifically provided for a violation of a law or rule, and to amend and update DCA’s fixed penalties.

The rule was proposed and published on May 25, 2017. The required public hearing was held on June 26, 2017.

Statement of Basis and Purpose of 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.

 

These 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.  These 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.  These 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.