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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, July 13, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Consumer Affairs (“DCA”) proposes the amendment of Subchapter N, Chapter 5, Title 6 to reflect Local Law 63 for the Year 2017 (“Local Law 63”), which amended subchapter 14-a of chapter 5 of the Administrative Code of the City of New York (“Code”).  Among other things, Local Law 63 added required statements and information to the required written agreement,  lengthens the period of time provider must maintain a surety bond, contract of indemnity or irrevocable letter of credit, requires signage explaining a new mechanism for consumers to file complaints, renumbers the sections in Chapter 14-a (previously Chapter 14), and increases penalties.

Specifically, the proposed rules:

  • Replace “type” with “font.”
  • Replace “consultant” with “provider.”
  • Update Code references.
  • Remove a section about size of letters on signage.
  • Delete a requirement that providers post a sign regarding how to file a DCA complaint.
  • Amend the surety sign requirement.
  • Update the penalty schedule.

 

Sections 1043, 2203(f) and 2203(h)(1) of the New York City Charter and Section 20-779.3 of the Code authorize the Department of Consumer Affairs to make these proposed rules.

 

Keywords:
Subject: 

.Amendment of Rules Regarding Immigration Assistance Services

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

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 11, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 22 of 2018 added subchapter 19 to Chapter 5 of Tile 20 of the Administrative Code, to prohibit offering or providing conversion therapy.  To implement Local Law 22, DCA seeks to add a new rule, Section 6-70, to Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York, to establish fixed penalties for the violations of the laws related to the prohibition of conversion therapy in accordance with this law. 

DCA’s authority for these rule is found in Sections 1043, 2203(c), 2203(f), and 2203(h)(1) of the City Charter, Section 20-827 of the Administrative Code of the City of New York, and Section 2 of Local Law 22 of 2018. 

This proposed rule is not subject to analysis under section 1043(d) of the Charter, pursuant to section 1043(d)(4)(ii).

Keywords:
Subject: 

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

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

New York City Department of Consumer Affairs

Notice of Adoption

Notice of Adoption to repeal certain rules identified by an inter-agency review to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The repealed rules relate to open air street markets, home heating oil credits, and theatre tickets.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Sections 2203(f) and 2203(h)(1) of the New York City Charter, 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 February 14, 2018. No public hearing was required or held.

Statement of Basis and Purpose of Rule

The Department of Consumer Affairs is repealing 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 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 rule repeal were identified through this initiative.

Specifically:

  • 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 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.
Effective Date: 
Sat, 07/07/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

New York City Department of Consumer Affairs

Notice of Adoption

Notice of Adoption of new Rules to implement Local Laws 197 and 198 of 2017 regarding second-hand automobile dealers. 

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(e) and 20-275.1 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 promulgates and adopts Sections 2-106, 2-107, 2-108, and 2-109 of Title 6 of the Rules of the City of New York.

This rule was proposed and published on January 29, 2018. The required public hearing was held on February 28, 2018. This rule was proposed and published again on April 6, 2018, and a second public hearing was held on May 7, 2018. 

Statement of Basis and Purpose of Rule

The City Council enacted Local Laws197 and 198 for the Year 2017 relating to second-hand automobile dealers.  DCA is promulgating new rules to implement these laws.  Specifically, the new rules:

  • require dealers to provide financing disclosures to consumers;
  • clarify the automobile contract cancellation options that dealers offer to consumers;
  • create a consumer bill of rights that dealers must display; and
  • clarify requirements related to record-keeping by dealers.
Effective Date: 
Sun, 06/24/2018

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, June 22, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

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 rules that should 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.  The review identified the amendments proposed here. 

Specifically, DCA is proposing to:

  • Amend section 1-06 of chapter 1 of title 6 of the Rules of the City of New York, which relates to the bond requirements for licenses, to fix a typographical error. This proposed amendment does not make any substantive changes to the rule.
  • Amend sections 2-61, 2-63, 2-64, and 2-65 of part 1 of subchapter G of chapter 2 of title 6 of the Rules of the City of New York, which relate to newsstands, to replace outdated references to the Art Commission of the City of New York with updated references to the New York City Public Design Commission. The Art Commission of the City of New York no longer exists.
  • Amend section 2-253 of subchapter X of chapter 2 of title 6 of the Rules of the City of New York to eliminate certain information required to be displayed by electronic or home appliance service dealers, such as the name of one owner or partner of the business. In the experience of DCA, this information is not helpful to a consumer who wants to file a complaint and is unnecessarily burdensome on the business to provide. A consumer can file a complaint about a business using the business’s DCA license number and/or location. Additionally, this proposed amendment would eliminate the requirement that a business provide to consumers on request a copy of DCA’s regulations governing electronic or home appliance service dealers. In DCA’s experience, such information is not helpful to consumers and the regulations are readily available from the Department.
  • Amend sections 2-321 and 2-322 of subchapter BB of chapter 2 of title 6 of the Rules of the City of New York to increase the maximum amount that may be charged by a storage warehouse for a written estimate based upon a physical inspection. This proposed increase of the maximum amount charged accounts for the passage of time since the rule was originally promulgated. This proposed amendment also fixes a typographical error.

The proposed rule amendments also include minor plain language edits throughout.

 

Keywords:
Subject: 

.Technical Amendments and Increase in Permitted Warehouse Charges

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

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 15, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 144 of 2017 requires that retailers of electronic cigarettes (“e-cigarettes”) be issued a license, like cigarette retailers, and caps the number of these licenses. E-cigarette use has increased dramatically since e-cigarettes were introduced in U.S. markets less than 10 years ago. In 2015, 15.9 percent of New York City high school students were e-cigarette users.  Local Law 144 capped the number of e-cigarette retailers at half the current number by community district, with the reduction in number coming through attrition. Existing sellers will be able to continue to renew their license so long as they meet all applicable licensure requirements. The law also prohibits pharmacies from selling e-cigarettes.

To implement Local Law 144, DCA seeks to add a new rule, Section 6-12.1, to Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York, to establish fixed penalties for the violations of the laws related to electronic cigarette retail dealers. 

DCA’s authority for these rule is found in Sections 1043, 2203(c), 2203(f), and 2203(h)(1) of the City Charter, Section 20-104(e) of the Administrative Code of the City of New York, and Section 8 of Local Law 144 of 2017.

Keywords:
Subject: 

.Establishment of Penalty Schedule for Violation of Provisions of Law Relating to Electronic Cigarette Retailers

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

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 8, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 197 of 2017 amended the New York City Administrative Code to require that second-hand automobile dealers provide certain financing disclosures and to create an automobile contract cancellation option that may be used by consumers of second-hand automobiles. 

Local Law 198 of 2017 amended the New York City Administrative Code to require second-hand automobile dealers post and distribute a bill of rights to consumers. 

To implement Local Laws 197 and 198, the Department proposes to amend Section 6-19 of Subchapter B of Title 6 of the Rules of the City of New York, which establishes fixed penalties for the violations of the laws and rules related to secondhand automobile dealers. 

DCA’s authority for these rule is found in Sections 1043, 2203(c), 2203(f), and 2203(h)(1) of the City Charter, Sections 20-104(e) and 20-275.1 of the Administrative Code of the City of New York, Section 10 of Local Law 197 of 2017, and Section 3 of Local Law 198 of 2017.

An analysis of this proposed rule as described in Section 1043(d) of the New York City Charter was not performed because it falls under the exception in Section 1043(d)(4)(ii). 

Keywords:
Subject: 

.Amendment of Dealers in Second Hand Articles Penalty Schedule

Location: 
NYC Department of Consumer Affairs
42 Broadway 8th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 6, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 145 of 2017 raises the minimum price of cigarettes and little cigars to $13 a pack from $10.50 and sets a first-ever price floor and tax for other tobacco products, such as cigars, smokeless tobacco, snus, loose tobacco and tobacco-containing shisha.

Local Law 146 of 2017 reduces the number of stores that can sell tobacco products by capping the tobacco retail dealer licenses in each community district at 50 percent of the number of active licenses as of February 24, 2018. No new tobacco retail dealer licenses will be issued in a community district until its total decreases through attrition below the cap. New York City has high tobacco retail density, with about 8,300 licensed cigarette retailers’ citywide, averaging almost 30 dealers per square mile. Easy access to tobacco retailers makes it harder for smokers to quit. Moreover, youth who frequent retail stores that sell tobacco every week have double the odds of trying smoking. This law also updates the New York City retail license for selling cigarettes to encompass all types of tobacco.

To implement Local Laws 145 and 146, DCA seeks to amend Section 6-12 of Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York, to update the fixed penalties for the violations of the laws and rules related to cigarette retail dealers, which are now called tobacco retail dealers. 

DCA’s authority for these rule is found in Sections 1043, 2203(c), 2203(f), and 2203(h)(1) of the City Charter, Section 20-104(e) of the Administrative Code of the City of New York, and Section 23 of Local Law 145 of 2017.

Keywords:
Subject: 

.Amendment of Consumer Protection Penalty Schedule for Violations of Provisions of Law relating to Cigarette Retailers

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

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

 

Local Law 153 of 2013 provides an opportunity to cure first-time violations of certain rules regarding signage. Pursuant to Local Law 153, curing a violation means that a business must admit to the violation, but will not have to pay a penalty if the violation is corrected and proof of the correction (i.e., cure) is submitted to the Department within 30 days of the issuance of the notice of violation (e.g., summons) and before the violation is adjudicated. Consistent with these requirements, the Department amends Section 6-03(b)(5) of Subchapter A, Chapter 6, of Title 6 of the Rules of the City of New York (RCNY or Rules) to make violations of the following rules curable, specifically:

  •   6 RCNY Section 5-265, which requires the posting of signs about tenant screening reports pursuant to Section 20-809 of the NYC Administrative Code (Code).
  • 6 RCNY Section 2-57(i), which requires sidewalk cafés to post the sign described in 6 RCNY Section 1-03. The addition of 6 RCNY Section 2-57(i) also results from the retrospective rules review conducted by the Law Department, the Mayor’s Office of Operations, and the Mayor’s Office of Management and Budget, in partnership with the City’s rulemaking agencies. The review considered the City’s existing rules and identified 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.

 

DCA also amends Subchapter B (Penalties), Chapter 6, of Title 6 of the Rules as follows:

  •  Consistent with the amendment discussed above: 1) amend Section 6-15, Sidewalk Café Penalty Schedule, to make first violations of 6 RCNY Section 2-57(i) curable; and 2) amend Section 6-57, Tenant Screening Report Disclosure Penalty Schedule, to make first violations of 6 RCNY Section 5-265 curable.
  • Consistent with the requirements of Local Law 5 of 2017, amend Section 6-48, Truth in Pricing Law: 1) to make first violations of Code Section 20-708.1(b) curable; and 2) to amend the applicable period related to second and subsequent violations of Code Section 20-708.1(b) and Section 20-708.1(e).
  • Provide additional guidance to respondents who want to settle violations before appearing at OATH by: 1) amending Section 6-47, Consumer Protection Law Penalty Schedule, to add fixed penalties for violations of 6 RCNY Section 5-41, which prohibits the collection of sales tax on certain goods and services; and 2) adding Section 6-67 to provide fixed penalties for violations of the laws and rules related to car washes.
Effective Date: 
Sat, 05/26/2018

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, May 21, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Section 3-95 of Title 6 of the Rules of the City of New York requires a company selling fuel oil to provide a purchaser a printer ticket with each delivery of fuel oil from vehicles tanks equipped with meters.  Printer tickets must be consecutively numbered and contain the date of delivery, the name of the customer and delivery address, truck number, sales number, grade, price per gallon, quantity of the oil delivered, and the driver’s signature.                                         

The Manhattan District Attorney’s Office, together with other New York City agencies, including the Department of Consumer Affairs (DCA), recently uncovered various schemes by fuel oil companies and related individuals to defraud customers by shorting deliveries to residential, commercial, and municipal properties throughout New York City.  To protect consumers from such fraudulent business practices, and to promote accountability of the fuel oil industry, the proposed rule would require fuel oil companies to include on each printer ticket provided to a purchaser at least the last 6 digits of the Vehicle Identification Number (VIN) for the vehicle that made the delivery.  This information will facilitate the lodging of complaints by consumers with the company selling the fuel oil and with DCA (and the agency’s response to such complaints because DCA maintains records of fuel oil delivery vehicles by VIN).

The proposed Section 3-103 of the Rules would require fuel oil providers to maintain a copy of all issued printer tickets for two years, and to produce issued tickets at the time of DCA’s annual inspection.  Fuel oil providers must produce issued tickets upon request of the Department during an inspection.  The proposed rule would allow DCA to ensure that fuel oil providers are complying with the printer ticket requirements.

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

Keywords:
Subject: 

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Location: 
NYC Department of Consumer Affairs
42 Broadway
New York, NY 10004
Contact: 

Casey Adams, cadams@dca.nyc.gov, 212-436-0095

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