Prohibition of Injurious Behavior Towards Agency Employees

Adopted Rules: Closed to Comments

Effective Date: 
Monday, March 18, 2019
Agency:
Keywords:
Download Copy of Adopted Rule (.pdf): 

Notice of Adoption

Notice of Adoption to promulgate a new rule that makes 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 results in a penalty of $500 pursuant to Section 20-104(e)(1) of the New York City Administrative Code. This rule also allows DCA to immediately suspend the license of any licensee that violates this rule, subject to a prompt post-suspension hearing, at which DCA may request further suspension or revocation of the license.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of Consumer Affairs by 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, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department repeals Sections 3-111 through 3-131, Section 5-62, and Sections 5-211 through 5-216 of Title 6 of the Rules of the City of New York.

This rule was proposed and published on December 10, 2018. A public hearing was held on January 9, 2019.

Statement of Basis and Purpose of 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 while 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 promulgating a new rule, Section 1-21 in Chapter 1 of Title 6 of the Rules of the City of New York, that makes 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 results in a penalty 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 amends 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.