Repeal of Superseded Rules

Proposed Rules: Closed to Comments

Comment By: 
Friday, March 16, 2018
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule


The Department of Consumer Affairs is proposing the repeal of the following subsections: 6 RCNY § 3-111 et seq., regarding open air street markets; 6 RCNY § 5-62, regarding the home heating oil credit; and 6 RCNY § 5-211 et seq., regarding theatre tickets.  These rules are being repealed because DCA no longer licenses the businesses contained in the provisions or enforces the provisions contained in these rules. 


Working with the City’s rulemaking agencies, the Law Department, the Office of Management and Budget, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. Components of this proposed rule repeal was identified through this initiative.



  • Regarding the open air street markets rules, “open air street markets” have not existed in NYC for decades and are no longer recognized in the New York State Agriculture and Markets Law, thereby making these rules obsolete. 
  • Regarding the home heating oil credit rule, it references the 1978 to 1979 heating season and this is outdated and obsolete.
  • Regarding the theatre tickets rules, these were promulgated under Article 10-C of the NYS General Business Law, which was repealed in 1983, and are thereby obsolete.


Sections 1043, 2203(f) and 2203(h)(1) of the New York City Charter authorize the Department of Consumer Affairs to make these proposed rules.

Public Hearing



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