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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Section 19-203(b) of the Administrative Code of the City of New York allows DOF to provide for penalties for parking violations. The Department’s rule in 19 RCNY § 39-05 (“Rule 39-05”) codifies all fines pertaining to parking violations issued in violation of 34 RCNY §§ 4-08 and 4-10. DOF collects and processes these fines, remitting the fines to the Commissioner.  Currently, the fine for parking in violation of officially posted street cleaning rules as set forth in 34 RCNY § 4-08(d)(1) is $50 in the “Restricted Area,” which is Manhattan from 96th Street and south, between the Hudson and East Rivers. The fine for street cleaning violations outside the Restricted Area is $30. Moving vehicles for alternate side parking allows the Department of Sanitation (“DSNY”) to sweep the streets, keeping neighborhoods healthy, safe and clean. Alternate side parking regulations also free up curb space for other municipal functions that include roadway striping and utility work. There is a need for greater enforcement to clear vehicles from these parking zones in Northern Manhattan and the other four boroughs in New York City to permit efficient and effective street cleaning. Between Fiscal Years (“FY”) 2016 and 2018, 94% of street cleaning parking summonses issued by DSNY were for violations that occurred outside of the Restricted Area and were only issued to vehicles that were preventing street sweeping operations. Over time, the number of street cleaning parking summonses that DSNY issued has increased, from 189,000 in FY 2015 to 323,000 in FY 2019, a 71% increase. Making the fines inside and outside the Restricted Area the same citywide will encourage motorists to move their vehicles out of these zones in Northern Manhattan and the other four boroughs so that DSNY equipment can operate more effectively and efficiently in order to meet its goal of providing clean streets in these neighborhoods for New York City residents and workers.

Effective Date: 
Tue, 01/21/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Bail payments wil be added to the list of payments for which an administrative fee cannot be charged.

Effective Date: 
Sun, 11/10/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s adopted rule provides for the fee amounts to be collected by HPD for Inclusionary Housing applications and certificates of qualifying affordable floor area. These fees are necessary to cover the costs of review and monitoring performed by HPD in implementing the voluntary and mandatory inclusionary housing programs.

Effective Date: 
Fri, 07/20/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, July 24, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

            Penalties for violations of BIC’s rules that relate to public wholesale markets, the seafood distribution areas, market businesses, labor unions, and labor organizations operating in seafood distribution areas in New York City are currently set forth in OATH’s rules at 48 RCNY § 3-108.  OATH, in conjunction with the Mayor’s Office of Operations, has determined that penalty schedules used in the adjudication of agency rule violations, which were previously promulgated by the Environmental Control Board, should instead be issued by the respective agencies.  The enforcement agencies possess the expertise to adopt appropriate penalties based on the severity of each violation and its impact on public safety.  BIC proposes to incorporate the current Market Penalty Schedule into its own rules.  Simultaneously, under a separate rulemaking, OATH is proposing a companion rule to repeal the BIC penalties currently set forth within the OATH rules.

            Incorporating the penalty schedule into BIC’s rules would make it more accessible to the public, as it will then be included within the same title and chapter as the rules cited in BIC’s summonses.  BIC is also proposing to add penalties to the existing penalty schedule that do not currently appear in the current Market Penalty Schedule.  Finally, this proposed rule would clarify the Commission’s current rules by explaining the penalty schedule and the existence of mail-in penalties.

The proposed amendments would accomplish the following:

Distribute several provisions of the penalty schedule, now found within 48 RCNY § 3-  108, among various sections of Title 17;

● Add text to explain repeat penalties;

● Add text to explain the “mail-in penalties” process;

● Add text specifically enumerating the penalties for failure to register a wholesale seafood business that is operating outside the market area;

● Adjust penalty amounts for several violations; and

● Add penalties to the schedule for violations of 17 RCNY §§ 11-19(a)(3)-(9), (11)-(14), including penalties for:

 

§  Improper disposal of litter, rubbish, or refuse;

§  Public urination and/or defecation,

§  Improper damage, removal, or destruction of property,

§  Engagement/instigation of fight or other disturbance,

§  Commission of injurious act, 

§  Possession of dangerous instruments and/or explosives,

§  Gambling 

§  Sale of prohibited items, 

§  Discharge into tidal water, sewage, or drainage, 

§  Causing damage to or clogging of drains or sewers, and 

§  Disobeyance of lawful order of employee of Commission or City

 

Subject: 

.

Location: 
Business Integrity Commission
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Sal Arrona: sarrona@bic.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, May 11, 2018
Proposed Rules Content: 

Repeal of rule providing for “finder’s fee” payments to persons or entities furnishing permanent accommodations to relocatees.

Subject: 

.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 7, 2018
Proposed Rules Content: 

The proposed rule provides for fees to be collected by the Department of Housing Preservation and Development for filing and acceptance of inclusionary housing applications and re-issuance of certificates of qualifying affordable floor area. These fees are necessary to cover the costs of review and monitoring performed by the agency implementing both the voluntary and mandatory inclusionary housing programs.

Subject: 

Proposed Inclusionary Housing Program Fees.

Location: 
HPD
100 Gold Street Room 5-L1
New York, NY 10038
Contact: 

Jessica Bartolini, (212) 863-6838, BartoliJ@hpd.nyc.gov.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Currently, when a criminal defendant pleads guilty or is convicted, the Department of Finance (DOF) returns to the person who originally deposited the bail only 97% of the money deposited for the defendant’s cash bail or a partially secured bail bond.  Two per cent of the bail payment is transferred to New York City’s general fund, and one per cent is deposited as an additional credit to the New York City alternatives to incarceration service plan.   Section 99-m of the General Municipal Law provides that the City is “entitled” to this three percent fee but does not require that the City collect it.  Recent amendments to section 1504 of the New York City Charter authorize DOF to waive this fee after considering: 1) the budgetary impact; 2) the purpose of orders of bail; and 3) the equitable administration of justice.

Effective Date: 
Sat, 02/17/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

This rule amends Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York, relating to fees payable to the Department, to include fees for responding to requests submitted to the Department for the following:

  • appeal after two reviews (for which two reviews there is no charge pursuant to this rule because the fees for these reviews are included in the filing fee) that consist of (1) a plan examination objection and (2) an affirmation of that objection.

       The determination in response to such appeal is referred to as an Appeal Determination; 

  • a variation of the Construction Codes;
  • a variation of the 1968 or prior Building Code;
  • a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings;
  • a pre-determination request with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code before application for construction document approval is submitted;
  • appeal of an Appeal Determination; and
  • an appeal from:

          - a denial of a request for a variation of the Construction Codes; 

          - a denial of a request for a variation of the 1968 or prior Building Code; 

          - a denial of a request for a variation of section 277.16 of the New YorkState Multiple Dwelling Law

           (MDL) for Article 78 buildings; and

          - a pre-determination with respect to the Zoning Resolution, Construction Codes or 1968 or prior

           Building Code.

The authority of the Department of Buildings for this rule is found in sections 643 and 1043 of the New York City Charter and section 28-112.1 of the New York City Administrative Code.

The Department provides a service when current or prospective applicants request a variation of the Codes and of the MDL as specified, or a pre-determination or determination interpreting certain provisions of the Zoning Resolution or the Codes, Appeal Determinations and appeals.  These requests may be made using either a Zoning Resolution Determination Form (ZRD1) or a Construction Code Determination Form (CCD1) or any subsequently created determination forms.  Only one issue may be included per determination form. 

There is no additional charge pursuant to this rule for the first review, which could result in a plan examination objection, or the second review of that objection, which could result in an affirmation of the objection.  The fees for these reviews are included in the filing fee. 

These fees will cover the administrative costs incurred by the Department in reviewing these requests and appeals. 

No fees will be charged for requests and appeals filed in connection with the construction or alteration of one-, two- or three-family dwellings.  No fees will be charged for requests and appeals filed in connection with any building that the New York City Department of Housing Preservation and Development certifies is for the construction or rehabilitation of affordable housing, as set forth in this rule. 

 

New material is underlined. 

[Deleted material is in brackets.]

 

 

Effective Date: 
Sun, 01/28/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, December 21, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Currently, when a criminal defendant pleads guilty or is convicted, the Department of Finance (DOF) returns to the person who originally deposited the bail only 97% of the money deposited for the defendant’s cash bail or a partially secured bail bond.  Two per cent of the bail payment is transferred to New York City’s general fund, and one per cent is deposited as an additional credit to the New York City alternatives to incarceration service plan.   Section 99-m of the General Municipal Law provides that the City is “entitled” to this three percent fee but does not require that the City collect it.  Recent amendments to section 1504 of the New York City Charter authorize DOF to waive this fee after considering: 1) the budgetary impact; 2) the purpose of orders of bail; and 3) the equitable administration of justice.

Subject: 

Waive Deposit Fees for Cash Bail

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Sign up before the hearing by calling Joan Best at (718) 488-2007, or submit comments through the NYC rules website: http://rules.cityofnewyork.us. or email comments to laroset@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: Timothy LaRose. Also you can fax comments to NYC Department of Finance, Attn: Timothy LaRose, at (718) 488-2491.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule sets forth the schedule of contribution amounts to the Affordable Housing Fund that is required by the 2016 amendments to the Zoning Resolution establishing the Mandatory Inclusionary Housing program.

Effective Date: 
Wed, 07/19/2017

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