Injurious Conduct by Licensees

Proposed Rules: Closed to Comments

Comment By: 
Wednesday, January 9, 2019


Statement of Basis and Purpose of Proposed Rule


The Department of Consumer Affairs (“DCA”) performs approximately 70,000 inspections in New York City and processes approximately 105,000 customers at its licensing centers each year. Recently, DCA staff members have experienced incidents of harassing and menacing behavior in the course of performing duties for DCA. Some of this behavior required the engagement of the New York City Police Department, and some resulted in individuals being arrested or banned from doing business with DCA. These incidents negatively impact DCA’s ability to perform its legal mandates, including, among other things, licensing and inspecting businesses. These incidents are also wasteful of taxpayer dollars, as time must be diverted from DCA’s work to address them. 


DCA is proposing a new rule, Section 1-21 in Chapter 1 of Title 6 of the Rules of the City of New York, that would make it a violation to assault, menace, unlawfully imprison, or harass, or attempt to assault, menace, unlawfully imprison, or harass, any DCA employee. A violation of this rule would result in a penalty of a maximum of $500 pursuant to Section 20-104(e)(1) of the New York City Administrative Code, as well as the immediate suspension of any DCA license, subject to a prompt post-suspension hearing, at which DCA may request further suspension or revocation of the license.


Finally, this proposed rule would amend the License Enforcement Penalty Schedule in Section 6-11 of Chapter 6 of Title 6 of the Rules of the City of New York to add an entry for violations of the proposed Section 1-21. 


Sections 1043 and 2203(f) of the New York City Charter, and Sections 20-104(b) and 20-104(e) of the New York City Administrative Code authorize the Department of Consumer Affairs to promulgate these proposed rules.


Public Hearing

.Injurious Conduct by Licensees

Public Hearing Date: 
Wednesday, January 9, 2019 - 10:00am

Casey Adams, 212-436-0095,

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