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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, October 16, 2017
Proposed Rules Content: 

The Department proposes to amend § 2-13 and § 2-14 of Chapter 2 of Title 56 of the Rules of the City of New York. Under the amended rules, individuals will be able to use a wider array of documents to qualify for the Department’s reduced membership fees for persons with disabilities at the Ocean Breeze Track & Field Athletic Complex and the City’s recreation centers.  Please see the pdf file attached above for the full text of the amendments as well information on how to submit comments and speak at the hearing.

Subject: 

The Parks Department will hold a public hearing on the proposed rules. The public hearing will take place at 1:00pm on October 16, 2017. The hearing will be in the Parks Department’s hearing room in the Chelsea Recreation Center at 430 West 25th Street, New York, NY 10001.

Location: 
Chelsea Recreation Center
430 West 25th Street
New York, NY 10001
Contact: 

Darci Frinquelli
212-360-1383
darci.frinquelli@parks.nyc.gov

Download Copy of Proposed Rule (.pdf): 

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 (View Public Comments Received:1)

Agency:
Comment By: 
Monday, March 28, 2016
Proposed Rules Content: 

 

Section 1. The definitions appearing in Subdivision (a) of Section 2-13 of Title 56 of the Rules of the City of New York are re-ordered alphabetically; the definitions of “Adult Athletic Complex Membership Fee,” “Adult Track & Field Practice Fee,” “Senior Citizen Athletic Complex Membership Fee,” “Senior Citizen Track & Field Practice Fee,” “Young Adult Athletic Complex Membership Fee,” and “Young Adult Track & Field Practice Fee” are amended; and definitions for “Person with Disability Athletic Complex Membership Fee,” “Person with Disability Track & Field Practice Fee,” “Veteran Athletic Complex Membership Fee,” and “Veteran Track & Field Practice Fee” are added in alphabetical order, to read as follows:

Adult Athletic Complex Membership Fee. “Adult Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons between and including twenty-five (25) and sixty-one (61) years old,except for patrons who qualify for the Veteran Athletic Complex Membership Fee or the Person with Disability Athletic Complex Membership Fee. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

Adult Track & Field Practice Fee. “Adult Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons between and including twenty-five (25) and sixty-one (61) years old[s],except for patrons who qualify for the Veteran Track & Field Practice Fee or the Person with Disability Track & Field Practice Fee.

Person with Disability Athletic Complex Membership Fee. “Person with Disability Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Park Track & Field Athletic Complex for all patrons who present government-issued photo identification along with one of the following documents when purchasing or renewing a membership:

  • New York City Department of Transportation Parking Permit for People with Disabilities (PPPD);
  • MTA Access-A-Ride ID card;
  • MTA Reduced Fare ID card; or
  • New York State Parks Individual Access Pass.

This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

Senior Citizen Athletic Complex Membership Fee.Senior Citizen Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons sixty-two (62) years old and over. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes. Patrons must present government-issued photo identification to demonstrate eligibility for the Senior Citizen Athletic Complex Membership Fee.

Senior Citizen Track & Field Practice Fee. “Senior Citizen Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons sixty-two (62) year old and over. Patrons must present government-issued photo identification to demonstrate eligibility for the Senior Citizen Track & Field Practice Fee.

Veteran Athletic Complex Membership Fee. “Veteran Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for all patrons who present one of the following forms of documentation when purchasing or renewing a membership:

  • New York City IDNYC with Veteran Designator;
  • New York State DMV Driver’s License or Non-Driver ID with Veteran Designator;
  • United States Uniformed Services Identification Card for Retired Personnel (DD-2 RET);
  • U.S. Department of Veterans’ Affairs Veterans Hospital Identification Card (VHIC);
  • Armed Forces of the United States Report of Transfer or Discharge (DD-214) with government-issued photo identification; or
  • National Guard Bureau Report of Separation & Record of Service (NGB-22) with government-issued photo identification.

This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

Veteran Track & Field Practice Fee. “Veteran Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons who present one of the following forms of documentation:

  • New York City IDNYC with Veteran Designator;
  • New York State DMV Driver’s License or Non-Driver ID with Veteran Designator;
  • United States Uniformed Services Identification Card for Retired Personnel (DD-2 RET);
  • U.S. Department of Veterans’ Affairs Veterans Hospital Identification Card (VHIC);
  • Armed Forces of the United States Report of Transfer or Discharge (DD-214) with government-issued photo identification; or
  • National Guard Bureau Report of Separation & Record of Service (NGB-22) with government-issued photo identification.

Young Adult Athletic Complex Membership Fee. “Young Adult Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons between and including eighteen (18) and twenty-four (24) years old. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes. Patrons must present government-issued photo identification to demonstrate eligibility for the Young Adult Athletic Complex Membership Fee.

Young Adult Track & Field Practice Fee. “Young Adult Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons between and including eighteen (18) and twenty-four (24) year olds. Patrons must present government-issued photo identification to demonstrate eligibility for the Young Adult Track & Field Practice Fee.

Section 2. The fee schedules appearing in definitions appearing in Subdivisions (b) and (c) of Section 2-13 of Title 56 of the Rules of the City of New York are amended as follows:

(b) Ocean Breeze Track & Field Athletic Complex Membership Fees. The annual membership does not include Track & Field Session Fees or Track & Field Practice Fees. The Ocean Breeze Park Track & Field Athletic Complex [member the following amount an ]annual membership fees are:

Child Athletic Complex Membership Fee

Young Adult Athletic Complex Membership Fee

Adult Athletic Complex Membership Fee

Senior Citizen Athletic Complex Membership Fee

Person with Disability Athletic Complex Membership Fee

Veteran Athletic Complex Membership Fee

$0

$25

$100

$25

$25

$25

(c) Track & Field Practice Fees. The Track & Field Practice Fees to use the Track & Field Area are:

Child Track & Field Practice Fee

Young Adult Track & Field Practice Fee

Adult Track & Field Practice Fee

Senior Citizen Track & Field Practice Fee

Person with Disability Track & Field Practice Fee

Veteran Track & Field Practice Fee

$10

$50

$150

$25

$25

$25

Section 3. The definitions appearing in Subdivision (a) of Section 2-14 of Title 56 of the Rules of the City of New York are re-ordered alphabetically; the definitions of “Adult Membership Fee,” “Adult Membership Fee (with valid IDNYC Card),” “Senior Citizen Membership Fee,” and “Young Adult Membership Fee” are amended; and definitions for “Person with Disability Membership Fee” and “Veteran Membership Fee” are added in alphabetical order, to read as follows:

Adult Membership Fee. “Adult Membership Fee” means the membership fee for use of recreation centers for all patrons between and including 25 and 61 years of age, except for patrons who [otherwise ]qualify for [the Senior Citizen Membership Fee, ]the Veteran Membership Fee or the Person with Disability Membership Fee. This membership fee does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

Adult Membership Fee (with valid IDNYC Card). “Adult Membership Fee (with valid IDNYC Card)” means the membership fee for use of recreation centers for all patrons who present a valid IDNYC Card when purchasing or renewing a membership and who are between and including 25 and 61 years of age, except for patrons who qualify for the Senior Citizen Membership Fee, the Veteran Membership Fee, or the Person with Disability Membership Fee. This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

Person with Disability Membership Fee. “Person with Disability Membership Fee” means the membership fee for use of recreation centers for all patrons who present government-issued photo identification along with one of the following documents when purchasing or renewing a membership:

·New York City Department of Transportation Parking Permit for People with Disabilities (PPPD);

·MTA Access-A-Ride ID card;

·MTA Reduced Fare ID card; or

·New York State Parks Individual Access Pass.

This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

Recreation Center Without Indoor Pool. "Recreation Center Without Indoor Pool" shall include all recreation centers without indoor pools, including, but not limited to the following recreation centers: Fort Hamilton Recreation Center, Greenbelt Recreation Center, Highbridge Recreation Center, Hunts Point Recreation Center, Hamilton Fish Recreation Center, Thomas Jefferson Recreation Center, Herbert Von King Recreation Center, Sunset Recreation Center, Red Hook Recreation Center, J.H[.]ood Wright Recreation Center, Jackie Robinson Recreation Center, Alfred E. Smith Recreation Center, Pelham Fritz Recreation Center, Lost Battalion Hall Recreation Center, Sorrentino Recreation Center, [Cromwell Recreation Center, ]Williamsbridge Oval Recreation Center, St. James Recreation Center, Faber Recreation Center, Lyons Recreation Center, Al Oerter Recreation Center, [and ]Owen Dole[a]n Recreation Center[.], and West Bronx Recreation Center.

Recreation Center With Indoor Pool. “Recreation Center With Indoor Pool” shall include all recreation centers with indoor pools, including, but not limited to the following recreation centers: St. Mary's Recreation Center, Brownsville Recreation Center, Metropolitan Pool Recreation Center, St. John's Recreation Center, Asser Levy Recreation Center, Hansborough Recreation Center, Recreation Center 54, [Recreation Center 59 ]Gertrude Ederle Recreation Center, Tony Dapolito Recreation Center, Flushing Meadows Corona Park Aquatic Center, Chelsea Recreation Center, and Roy Wilkins Recreation Center.

Senior Citizen Membership Fee.Senior Citizen Membership Fee” means the membership fee for use of recreation centers for all patrons 62 years of age and over. [Patrons who held active Senior Citizen Recreation Center Memberships as of June 30, 2011, but allowed their membership to expire, have until December 31, 2013 to purchase a new membership at the Senior Citizen rate. Patrons who held active Senior Citizen Recreation Center Memberships as of June 30, 2011, but allowed their Senior Citizen Membership to expire and subsequently purchased an Adult Membership, may purchase a new membership at the Senior Citizen rate after the expiration of their current Adult Membership.] This membership fee does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers. Patrons must present government-issued photo identification to demonstrate eligibility for the Senior Citizen Membership Fee.

Veteran Membership Fee. “Veteran Membership Fee” means the membership fee for use of recreation centers for all patrons who present one of the following forms of documentation when purchasing or renewing a membership:

·New York City IDNYC with Veteran Designator;

·New York State DMV Driver’s License or Non-Driver ID with Veteran Designator;

·United States Uniformed Services Identification Card for Retired Personnel (DD-2 RET);

·U.S. Department of Veterans’ Affairs Veterans Hospital Identification Card (VHIC);

·Armed Forces of the United States Report of Transfer or Discharge (DD-214) with government-issued photo identification; or

·National Guard Bureau Report of Separation & Record of Service (NGB-22) with government-issued photo identification.

This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

Young Adult Membership Fee. “Young Adult Membership Fee” means the membership fee for use of recreation centers for all patrons between and including 18 and 24 years of age. [For patrons who, as of June 1, 2013, are between and including 18 and 24 years of age and have 6 months or more remaining on their Adult Membership, the Department will extend membership for 3 months beyond the current expiration date. For patrons who, as of June 1, 2013, are between and including 18 and 24 years of age and have less than 6 months remaining on their Adult Membership, the Department will extend membership for 1 month beyond the current expiration date.] This membership fee does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers. Patrons must present government-issued photo identification to demonstrate eligibility for the Young Adult Membership Fee.

Section 4. Subdivision (b) of Section 2-14 of title 56 of the Rules of the City of New York is amended as follows:

(b) No person shall use any recreation center and/or participate in activities requiring the payment of a session fee as defined in this section unless such person has paid the applicable annual membership fee set forth in subdivision (c) of this section[]*] in addition to any applicable session fees.

Section 5. Subdivision (c) of Section 2-14 of title 56 of the Rules of the City of New York is amended as follows:

(c)  [Recreation Center Membership Fee Schedules as of July 1, 2011. The Commissioner shall charge a recreation center member subject to these provisions the amount set forth in the following schedule for an annual membership. Such annual membership does not include session fees. ]Recreation Center Membership Fee Schedules. The Commissioner shall charge a recreation center member subject to these provisions the amount set forth in the following schedule for an annual membership. Such annual membership does not include session fees.

Type of Recreation Center

Child Membership fee

Young Adult Membership fee

Adult Membership fee

Adult Member-

ship Fee (with

valid IDNYC

Card)

Veteran Membership Fee

Person with Disability Membership Fee

Senior Citizen Membership Fee

Recreation Center with Indoor Pool

$0

$25

$150

$135

$25

$25

$25

Recreation Center without Indoor Pool

$0

$25

$100

$90

$25

$25

$25


 

Subject: 

The Department of Parks and Recreation (“Parks Department”) is considering changing its rules to reduce fees for veterans and people with disabilities at the Ocean Breeze Park Track & Field Athletic Complex and the City’s recreation centers. The Parks Department will hold a public hearing on the proposed rule at 10:00 a.m. on Monday, March 28, 2016. The hearing will be in the Parks Department’s hearing room in the Chelsea Recreation Center at 430 West 25th Street, New York, NY 10001.

Location: 
Chelsea Recreation Center
430 West 25th Street
New York, NY 10001
Contact: 

Darci Frinquelli
rules@parks.nyc.gov
212-360-1383

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Procedures for an administrative appeal of a New York City Department of Transportation determination to revoke or suspend a disability parking permit.

Effective Date: 
Fri, 11/13/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Sunday, August 9, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Section 2903(a)(15)(a) of the New York City Charter (“Charter”) empowers the New York City Department of Transportation (DOT) Commissioner to issue Special Vehicle Identification Parking Permits, including Parking Permits for People with Disabilities (PPPD).  It further provides that “[a]ny abuse by any person to whom such permit has been issued of any privilege, benefit or consideration granted pursuant to such permit, shall be sufficient cause for revocation of such permit.”  Section 4-08(o)(1)(v) of Title 34 of the Rules of the City of New York (“RCNY”) provides that “any abuse by any person of any privilege, benefit or consideration granted by such permit, shall be sufficient cause for revocation of said permit.”

Currently, neither the Charter nor the RCNY provides any guidance for the procedures to revoke or suspend a PPPD. 

This proposed rule sets forth the procedures for an administrative appeal of a determination by the DOT to revoke or suspend a PPPD.

Subject: 

Parking Permits for People with Disabilities.

Location: 
55 Water Street Bid Room
New York, NY 10041
Contact: 

Elsie Martel
rules@dot.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of Homeless Services (“DHS” or the “Department”) provides temporary emergency shelter to homeless New York City residents in accordance with State and local law, implementing regulations, and court orders, with the goal of moving shelter residents back into permanent housing in the community as soon as possible.

 

DHS proposes to amend Title 31 of the Rules of the City of New York by adding Chapter 3, which pertains to single adults who return to shelter in the adult services system after an extended absence. Currently, if a single adult shelter client returns to the system within 365 days, the client must return to his or her official shelter (i.e., the shelter where he or she had been previously assigned), where he or she will receive a bed. If a client returns more than 365 days later, the client is sent to a single adult intake center to reapply for shelter, at which point he or she undergoes a new resource assessment and is assigned to a new official shelter.

 

Through years of experience and practice, DHS has found that many single adult shelter clients exit the system and return after an extended absence (a period of at least thirty consecutive days), but within 365 days. Although it may be beneficial under certain circumstances for some of these clients to return directly to their official shelters, DHS seeks to provide other clients who return after an extended absence with a new resource assessment to identify alternative housing options they may have identified, utilized, or secured during their absence, and to connect them to resources or benefits that may alleviate their need for shelter and help them avoid re-entry into the system. Such alternative housing options can provide clients with long term housing stability, and assist in seeking benefits, employment, or other social services in the community. Importantly, even if no alternatives are immediately available, or if a client chooses not to utilize those alternatives at that time, the resource assessment will provide helpful information to the client and shelter staff at the client’s official shelter placement for on-going case management work.

 

Considering the value of this assessment, the proposed Chapter 3 provides for referral of a single adult shelter client returning to shelter after an extended absence to a diversion office (located at a DHS single adult intake center) to participate in a Single Adult Resource Assessment (“Assessment”) conducted by diversion staff. This Assessment will determine where a client resided during his or her extended absence from the adult services system, identify alternative housing options, and connect the client to resources or benefits to avoid re-entry into shelter. If none of these options are available or if the client does not wish to utilize any available options, the client will be referred back to his or her official shelter in the adult services system.

 

The Department notes that it does not believe that requiring a client returning after an extended absence to participate in a resource assessment must be promulgated as a rule pursuant to the City Administrative Procedure Act (“CAPA”), and believes that it may implement such a procedure outside of CAPA. However, in the exercise of caution and in light of the Court’s decision in Callahan v. Carey and Council of the City of New York v. Department of Homeless Services of the City of New York, 2012 N.Y. Misc. LEXIS 758 (Sup. Ct., N.Y. Co. 2012), the Department proposes to promulgate this procedure as a rule.

 

 

Effective Date: 
Sat, 09/07/2013