Amendment of Rules Governing Commercial Garages and Parking Lots

Adopted Rules: Closed to Comments

Effective Date: 
Wednesday, April 18, 2018

New York City Department of Consumer Affairs

Notice of Adoption

Notice of Adoption of an amended Rule to simplify compliance for garage and parking lot license applicants who have previously been approved for a license at same location; align license application requirements with the current practices of New York City; and remove references to outdated information.  

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Section 2203(f) of the New York City Charter and Sections 20-104(b) and 20-330 of the New York City Administrative Code, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department amends Sections 2-161 of Title 6 of the Rules of the City of New York.

This rule was proposed and published on January 12, 2018. The required public hearing was held on February 12, 2018.

Statement of Basis and Purpose of Rule

The NYC Department of Consumer Affairs (“DCA”) is amending subdivisions (a) and (b) of section 2-161 of Subchapter Q of Chapter 2 of Title 6 of the Rules of the City of New York, in relation to the Department’s regulation of Garages and Parking Lots. This rule:


  • Eliminates the requirement that a garage and parking lot license may not be issued “unless certificates have been forwarded to the commissioner by the Fire Department, the Department of Buildings, the Bureau of Gas and Electricity in the Department of General Services, and the Department of Ports and Trade when applicable; stating that the premises proposed to be licensed comply with all applicable laws and regulations.”
  • Replaces the certificate requirement with a self-certification from the applicant that “the premises proposed to be licensed comply with all applicable laws and regulations” and that the applicant is in compliance with all relevant local, state and federal laws.
  • Eliminates references to the “Department of Ports and Trade” and “Certificates of Completion,” because they do not currently exist.
  • Eliminates the requirement that the “maximum motor vehicle capacity of each garage and parking lot” be taken from an approved Certificate of Occupancy issued by the Department of Buildings.”
  • Amends the rule as it relates to maximum motor vehicle capacity to provide that: (1) for applicants that will operate from previously licensed premises, DCA may use the maximum capacity from the previous license; and (2) for applicants that will operate from newly licensed premises, DCA shall require the applicant to provide documents to show the maximum motor vehicle capacity allowed by local, state or federal law, as applicable.