DCA Subscribe to RSS - DCA

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

Local Law 44 of 2015 amended Section 20-271 of Title 20 of the New York City Administrative Code to require secondhand dealers in automobiles operating in New York City to display the total selling price for each automobile offered for sale and the price of specified add-on products and to disclose that the purchase of add-on products is optional.

 

Section 20-270 of the New York City Administrative Code requires dealers who sell both secondhand and new items to post a sign to that effect. Section 20-271, as amended by Local Law 44, requires such dealers to label secondhand articles to inform the public that the items are not new. Currently, the laws and rules applicable to secondhand dealers in automobiles do not specify the language that may be used in the total selling price signs, or the requirements for posting the signs. The rule would provide examples of language that may be used to describe automobiles, products and parts that are not new.  

 

 

 

New material is underlined.
[Deleted material is in brackets.]

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Rule

 

A new Section 2-105 is added to Subchapter K of Chapter 2 of Title 6 of the Rules of the City of New York to read as follows:

 

§2-105 Labeling of secondhand automobiles and posting of prices for secondhand automobiles

 

(a)    Labeling of Used Automobiles, Products and Parts.

 

(1)   All secondhand automobiles, products and parts sold by licensed secondhand automobile dealers that are not new shall be labeled as such.  Easily understood words such as “secondhand,” “used,” “not new,” “demo model,” “pre-owned,” “refurbished” and “recycled” may be used to indicate that an item is not new.

 

(b)   Total Selling Price Signs.

 

(1)    The total selling price sign required by section 20-271(b)(1) of the administrative code of the city of New York shall be prominently displayed on the dashboard or on the window of the secondhand automobile to which the sign applies, or posted within five feet of the point of display of the secondhand automobile to which the sign applies.  If the dashboard or window of the secondhand automobile is not visible to the consumer at eye-level or accessible to the consumer, the sign shall be prominently displayed at the point of display of such automobile.

 

(2)   The total selling price sign shall display the total selling price in lettering that is clear, legible, bold and at least one inch in height.  The sign must clearly indicate the automobile to which the total selling price applies.

 

(3)   The total selling price sign shall state, in lettering that is clear, legible and at least one-half as high and one-half as broad as the largest print on the sign, that taxes and fees for securing registration and certificate of title are not included in the total selling price.

 

(c)    Add-On Product Signs.

 

(1)   Secondhand automobile dealers shall list the total selling price of add-on products, as defined in section 20-271(b)(2) of the administrative code of the city of New York, very close to the product description.  If multiple add-on products are grouped together on the same sign, each add-on product must be listed separately, one item per line, with the price of the add-on product located to the right of the product description.  If add-on products are listed individually, the price of the add-on product must be very close to the product description.

 

(2)   Lettering for the description and the price of the add-on product must be clear, legible and the same size which must be at least one inch in height, unless the sign is posted on each individual vehicle, in which case the lettering must be at least half an inch in height. 

 

(3)   Secondhand automobile dealers may list the range of total selling prices for extended warranty products very close to the product description in lieu of a specific price. The range of prices must include the minimum and maximum price for the extended warranty, and must also include the factors that may cause the price to vary, such as the vehicle’s make, model, year and mileage.

 

(4)   All signs required by section 20-271(b)(2) of the administrative code of the city of New York shall include the following language in lettering that is clear, legible, bold and capitalized, and at least one-half as high and one-half as broad as the largest print on the sign, but no less than one-quarter inch in height: “YOU ARE NOT REQUIRED TO BUY ANY ADD-ON PRODUCTS IN ORDER TO PURCHASE A CAR AT THE ADVERTISED PRICE.”

 

(d)   The requirements of subdivisions (b) and (c) of this section shall apply to secondhand automobiles dealers that are licensed or required to be licensed.

 

Effective Date: 
Fri, 04/22/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 21, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Subdivision a of section 20-268 of Title 20 of the New York City Administrative Code makes it “unlawful for any dealer in second-hand articles to carry on his or her business at any place other than the one designated in such license,” including business that is conducted in public spaces.  Additionally, the Department has found that second-hand automobiles are frequently parked, stored or displayed in public spaces, such as sidewalks and streets, which interferes with pedestrian use and creates blockage, congestion and potential safety hazards. 

The proposed rule is necessary to clarify that second-hand automobile dealers cannot park, store or display second-hand automobiles on public spaces and to ensure that second-hand automobile dealers park their vehicles in a manner that is safe and does not interfere with the flow of pedestrian traffic. 

New material is underlined.
[Deleted material is in brackets.]

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

.STORAGE OF VEHICLES BY SECOND-HAND AUTOMOBILE DEALERS IN PUBLIC SPACE RULE

Location: 
DCA Hearing Room
66 John St. 11th Floor
New York, NY 10038
Contact: 

Casey Adams, 212-436-0095

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

Section 20-464(d) of Subchapter 27 of Chapter 2 of Title 20 of the New York City Administrative Code prohibits a general vendor from selling, lending, leasing or transferring his or her general vendor license or interest in the license unless authorized by the Commissioner of the Department of Consumer Affairs. Currently, the laws and rules applicable to general vendors do not specify the circumstances under which the Commissioner may authorize the transfer of a vending license. Section 35-a of Article 4 of Chapter 20 of the New York State General Business Law requires the transfer of a specialized vending license held by a disabled veteran to the spouse, children or guardian of surviving minor children of the vendor in certain circumstances upon the death or disability of the licensee. The new rule, to be codified under a new section 2-317 of subchapter AA of chapter 2 of title 6 of the Rules of the City of New York, provides that the transfer of general vending licenses is subject to the same set of standards as the transfer of specialized vending licenses, which currently apply only to disabled veterans. 

New material is underlined.
[Deleted material is in brackets.]

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.

Effective Date: 
Tue, 04/05/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 6, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Section 20-453 of Chapter 2 of Title 20 of the New York City Administrative Code provides that it “shall be unlawful for any individual to act as a general vendor without having first obtained a license.”  A number of individuals licensed as general vendors by the Department of Consumer Affairs have physical or mental disabilities that render them unable to operate their businesses without the assistance of a helper.  Many of these licensees are veterans.

The proposed rule clarifies that Section 20-453’s license requirement will not apply to helpers used by licensed general vendors with disabilities that impair their ability to operate a general vending business as long as the licensee obtains authorization from the Department to use a helper and adheres to requirements with regard to the use of helpers.  

The rule would:

·         define the types of disabilities that would make general vendors eligible to use helpers;

·         establish procedures for requesting authorization to use helpers;

·         provide for a special designation on the general vendor’s license indicating that he or she is authorized to use helpers;

·         provide for certain restrictions on the activities of helpers;

·         require the general vendor to be present at all times;

·         require the general vendor to maintain records regarding the use of his or her helpers;

·         make the general vendor responsible for ensuring that helpers comply with all applicable laws and regulations; and

·         establish procedures for the revocation of authorization in the event the general vendor or his or her helpers fail to comply with applicable law.

Subject: 

General Vendor Helper Rule

Location: 
DCA Hearing Room
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Steven Ettannani, New York City Department of Consumer Affairs, 42 Broadway, New York, NY 10004

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 8, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rules

Section 6-130[1] of the Administrative Code of the City of New York (the Prevailing Wage Law), added by Local Law 27 of 2012, requires certain developers receiving City financial assistance and certain lessors leasing commercial office space or commercial office facilities to the City to pay their building service employees the prevailing wage.

These proposed rules clarify provisions in the Prevailing Wage Law, establish requirements to implement the law and meet its goals, and provide guidance to employers and employees.  Specifically, these rules:

·         Establish that covered employers must require all building service contractors to pay the prevailing wage to their building service employees;

·         Set forth the distribution and posting requirements for employee notices required by the Prevailing Wage Law;

·         Set forth the recordkeeping requirements under the Prevailing Wage Law;

·         Clarify the Prevailing Wage Law’s definition of “covered developer” and “building service work;”

·         Outline the Department’s enforcement steps, including how a covered employer may cure a violation of the Prevailing Wage Law, how the Department will commence a case, and how the Department may settle a complaint;

·         Clarify that the Office of Administrative Trials and Hearings (OATH) will issue a decision on the record in all cases;

·         Provide guidance on how an OATH administrative law judge may calculate back wages for a building service employee;

·         Clarify that if one or more building service employees start or have a civil action pending , it does not preclude the Department from commencing, prosecuting, or settling a case based on some or all of the same violations; and

·         Clarify what other appropriate relief may be imposed for a violation of  the Prevailing Wage Law, in addition to the penalties set forth in the law.

 

New text is underlined; deleted material is in [brackets].

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.




[1]  There are two Sections 6-130 in the Administrative Code of the City of New York.

Subject: 

DCA Prevailing Wage Law Proposed Rule

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

Steven Ettannani (212) 436-0210

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Statement of Basis and Purpose

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), so that employees can take time off work to address their health needs or the health needs of family members. The City Council determined that earned sick time would improve public health, foster employee retention and productivity and result in a more prosperous, safer and healthier city.

These rules clarify parts of the Earned Sick Time Act, establish requirements to carry it out and meet its goals pursuant to authority delegated to the Department of Consumer Affairs by the Act, and providing guidance to covered employers and protected employees. Specifically, these rules:

  •  Provide additional guidance on calculating the number of employees in a business;
  • Address situations where employees are employed by a joint employer;
  • Define “temporary help firm” and define when temporary help firms are legally responsible for violations;
  • Allow an employer to set the minimum number of hours and time frame for the use of sick time;
  • Clarify the calculation of rate of pay of paid sick time for employees paid on a piecework basis;
  • Clarify that supplements need not be included in the rate of pay of paid sick time;
  • Require a business that takes ownership of another business to provide written sick time policies to employees at the time of sale, transfer, acquisition or assignment;
  • Address written sick time policies and what an employer must include in them;
  • Clarify what records employers must keep;
  • Make clear that an employer’s failure to maintain, retain or produce a record otherwise required to be maintained under these rules that is relevant to a material fact alleged by the department in a notice of hearing issued pursuant to the Earned Sick Time Act or these rules creates a reasonable inference that such fact is true.  
  • Clarify that an employer’s failure to respond to a complaint or provide information requested by the Department regarding a complaint will be subject to a $500 penalty;
  • Establish relief to an employee if an employer’s policy or practice is not to allow an employee to accrue and/or use sick time;
  • Address the calculation of accruals and hours worked for certain employees;
  • Clarify that an employer may take disciplinary action against an employee who engages in an abuse of paid time;
  • Define the term “adverse employment action” as used in the definition of retaliation against an employee; and
  • Clarify the department’s burden of proof for retaliation cases.

The authority for the Department of Consumer Affairs to issue these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

Effective Date: 
Fri, 03/04/2016

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Monday, January 11, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

Section 20-816(b) of the Administrative Code, enacted as part of section 2 of Local Law 17 of 2011, provides that a pregnancy services center “shall disclose if it does or does not have a licensed medical provider on staff who provides or directly supervises the provision of all of the services at such pregnancy services center.”  Section 20-815(g) defines a pregnancy services center as “a facility, including a mobile facility, the primary purpose of which is to provide services to women who are or may be pregnant, that either: (1) offers obstetric ultrasounds, obstetric sonograms or prenatal care; or (2) has the appearance of a licensed medical facility.”  Section 20-815(g) excludes from this definition “a facility that is licensed by the state of New York or the United States government to provide medical or pharmaceutical services or where a licensed medical provider is present to directly provide or directly supervise the provision of all services described in this subdivision that are provided at the facility.” 

Section 20-816(f) of the Administrative Code requires that the disclosure must be made “(1) in writing, in English and Spanish in a size and style as determined in accordance with rules promulgated by the commissioner on (i) at least one sign conspicuously posted in the entrance of the pregnancy services center; (ii) at least one additional sign posted in any area where clients wait to receive services; and (iii) in any advertisement promoting the services of such pregnancy services center in clear and prominent letter type and in a size and style to be determined in accordance with rules promulgated by the commissioner”.  Section 20-816(f) additionally requires that the disclosure must be made orally.

The proposed rules:

 • Clarify the meanings of the following terms: “services”, “directly provide”, “directly supervise”, “social media site”, and “social network site”.

•  Clarify which facilities are excluded from the definition of “pregnancy services center”.

•  Specify the language of the disclosure, and set forth the size, color and location of the signs required to be posted at the pregnancy services center and in advertisements promoting the services of the pregnancy services center. 

•  Specify the language of the disclosure that must be made orally.

•  Clarify that a facility’s distribution of a pregnancy test kit shall not, by itself, be sufficient to establish that it has the “appearance of a licensed medical facility,” provided that the test is self- administered, self-diagnosed, and self-interpreted.

 

 

Subject: 

Disclosure by Pregnancy Services Centers

Location: 
Department of Consumer Affairs hearing room
66 John Street, 11th Floor
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, January 11, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), so that employees can take time off work to address their health needs or the health needs of family members. The City Council determined that earned sick time would improve public health, foster employee retention and productivity and result in a more prosperous, safer and healthier city.

These rules clarify parts of the Earned Sick Time Act, creating requirements to carry it out and meet its goals and provide guidance to covered employers and protected employees. Specifically, these rules:

• Provide additional guidance on calculating the number of employees in a business;

• Address situations where employees are employed by a joint employer;

• Define “temporary help firm” and define when temporary help firms are legally responsible for violations;

• Allow an employer to set the minimum number of hours and time frame for the use of sick time;

• Clarify the calculation of rate of pay of paid sick time for employees paid on a piecework basis;

• Clarify that wage supplements need not be included in the rate of pay of paid sick time;

• Require a business that takes ownership of another business to provide written sick time policies to employees at the time of sale, transfer, acquisition or assignment;

• Address written sick time policies and what an employer must include in them;

• Clarify what records employers must keep;

• Make clear that an employer’s failure to keep or produce written sick time policies and records creates a reasonable inference that the department’s allegation against it is a fact;

• Clarify that an employer’s failure to respond to a complaint or provide information requested by the Department regarding a complaint will be subject to a $500 penalty;

• Establish relief to an employee if an employer’s policy or practice is not to allow an employee to accrue and/or use sick time;

• Address the calculation of accruals and hours worked for certain employees;

• Clarify that an employer may take disciplinary action against an employee who engages in a pattern of abuse of paid time;

• Define the term “adverse employment action” as used in the definition of retaliation against an employee; and

• Clarify the department’s burden of proof for retaliation cases.

The authority for the Department of Consumer Affairs to issue these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

 

 

 

 

 

Subject: 

Amendment of Earned Sick Time Rules

Location: 
Department of Consumer Affairs hearing room
66 John street, 11th Floor
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

The City Council enacted the “Earned Sick Time Act,” found in Chapter 8 of Title 20 of the Administrative Code of the City of New York (as added by Local Law 46 for the year 2013, and amended by Local Laws 6 and 7 for the year 2014), to ensure that employees can take time off work to address their health needs or the health needs of family members.  The City Council determined that providing sick time would have a positive effect on public health, foster employee retention and productivity and result in a more prosperous, safer and more healthy city.

These rules clarify provisions in the Earned Sick Time Act, establish requirements to implement the Act and meet its goals, and provide guidance to covered employers and protected employees. Specifically, these rules:

  • Provide a methodology for new employers to calculate the number of their employees;
  • Address situations where employees are employed by more than one employer, who, as “joint employers,” are jointly and individually liable for ensuring compliance with the Earned Sick Time Act;
  • Confirm that the Earned Sick Time Act applies to employees irrespective of immigration status;
  • Explain what may constitute a “reasonable” minimum amount of leave that an employer may require for the use of sick time;
  • Establish requirements for employer policies that require employees to provide “reasonable notice” before using sick time;
  • Clarify that an employer may require an employee to provide written documentation of the need for sick time from a licensed health care provider if the employee is absent for more than three consecutive “work days” and define “work day” in this context;
  • Address accrual of sick time for domestic workers;
  • Address the rate of pay of paid sick leave for certain employees;
  • Provide that employees must be paid for sick time no later than the payday for the next regular payroll period after the sick time was used by the employee, unless the employer has asked for written documentation or verification of the need for sick time, in which case the employer is not required to pay sick time until the employee provides it;
  • Address what happens to accrued sick time after an employer sells, transfers or otherwise assigns its business to another employer and the employee continues to work for that business;
  • Establish requirements relating to the distribution or posting of an employer’s sick leave policies;
  • Clarify the requirements in the Earned Sick Time Act relating to Department access to employer records and define “appropriate notice” of the need for such access by the Department;
  • Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
  • Establish a cure period for certain violations of the Earned Sick Time Act relating to the failure to respond to a complaint or provide records; and
  • Describe the circumstances in which the Department may conduct an investigation of an employer’s employment practices on its own initiative. 

The authority for the Department of Consumer Affairs to promulgate these rules is found in section 2203 of the New York City Charter and Chapter 8 of Title 20 of the Administrative Code.

 

Effective Date: 
Wed, 07/30/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

The rule amends sections 1-02(d) and (e), 2-44, 2-51, 2-56 and 2-57 of Title 6 of the Rules of the City of New York to implement the amendments to the Sidewalk Café license law and rules enacted by Local Laws 54, 137 and 139 of 2013. 

Local Law 54 amended the Administrative Code to clarify that a sidewalk cafe may open for operation as early as 10:00 a.m. on Sundays. 

Local Law 137 amended the Administrative Code to lengthen the term of a renewed revocable consent to operate a sidewalk cafe from two years to four years.  “Revocable consent” is the term used in the City Charter to describe an agreement made by the City allowing a person to maintain a structure on the City’s sidewalks.  The City Charter authorizes the Department of Consumer Affairs to issue a revocable consent to operate a sidewalk cafe. 

Local Law 139 streamlined the process in the Administrative Code for reviewing a petition for a revocable consent in order to shorten the time needed for approval.

Section 1 of the rule amends Section 1-02(d) of Title 6 of the Rules to conform with section 20-225(i)(1) of the Administrative Code as amended by section 1 of Local Law 137. It amends section 1-02(d)(1) to provide that the initial grant of a revocable consent and license to operate an unenclosed sidewalk cafe will be one, two-year license period to expire in the second year following the year of issuance of the license and revocable consent.  It adds subdivision 4 to section 1-02(d) to provide that the term of a renewed revocable consent will be two, consecutive two-year license periods.  The revocable consent and license terms are to be concurrent.

Section 2 of the rule amends Section 1-02(e) of Title 6 of the Rules to conform with section 20-226(g)(1) as amended by section 2 of Local Law 137. It amends section 1-02(e)(1) to provide that the initial grant of a revocable consent and license to operate an enclosed sidewalk cafe will be one, two-year license period to expire in the second year following the year of issuance of the license and revocable consent.  It adds subdivision 4 to section 1-02(e) to provide that the term of a renewed revocable consent will be two, consecutive two-year license periods.  The revocable consent and license terms are to be concurrent.

Section 3 of the rule amends section 2-44 of Title 6 of the Rules to conform with the amendments enacted by Local Law 139 to sections 20-225 and 20-226 of the Administrative Code concerning the application for, review and approval of petitions for revocable consents to operate sidewalk cafes.  It amends section 2-44(b) to authorize the Department to waive a public hearing on the petition by notifying the City Council and the petitioner of such waiver within ten days after the expiration of the period allowed for the Community Board to file a recommendation concerning the petition.   It permits the period to be extended up to 180 days at the written request of the petitioner to correct any deficiencies in the petition.  It amends section 2-44(b)(1) and (2) to clarify that it is the petitioner’s responsibility to publish a notice of the public hearing, if any, in a designated weekly newspaper and to post such a notice on the premises, which is consistent with established practice.  It also reduces the number of times that the notice of the public hearing must be published in a weekly newspaper from twice to once.

Section 4 of the rule amends section 2-51 of Title 6 of the Rules to reduce the paperwork required to be filed in connection with a license application during the period when the revocable consent will continue for an additional two-year period.  It amends section 2-51(a) to provide that the complete package of documentation – including the consent of the owner, architectural plans, photographs, insurance information, proof of Department of Health permit and a security fee – must accompany the application for a new or renewal revocable consent.  It amends section 2-51(b) to specify that the complete package of documentation set forth in subdivision (a) must also accompany an application to modify the revocable consent by adding tables to an existing licensed cafe.  It adds subdivision (c) to provide that an application to renew a license at a time when the revocable consent will remain in effect for another license term need not be accompanied by architectural plans or photographs.

Section 5 of the rule amends section 2-56 of Title 6 of the Rules to simplify the process for submitting a license renewal application when the revocable consent remains unexpired.  It amends section 2-56(a) to specify that multiple copies of the standard application form and required accompanying materials must be submitted when a petition for a new, renewal or modified revocable consent is also submitted.  However, only the original application is required when the revocable consent term remains unexpired. It amends section 2-56(b) to specify that an applicant is required to notify persons who occupy ground floor frontage within 50 feet of the  sidewalk cafe only when the submitting an application for a new, renewal or modified revocable consent.

Section 6 of the rule amends section 2-57(a) of Title 6 of the Rules to conform with section 20-224(b) if the Administrative Code as amended by Local Law 54.  As amended, section 20-224(b) prohibits the issuance of a rule, regulation, term or condition with respect to a revocable consent or license to operate a sidewalk cafe that prevents operation during the hours of 10:00 a.m. through 12:00 a.m. every day or permits operation before 10:00 a.m. on Sunday. 

 

Effective Date: 
Thu, 08/28/2014

Pages