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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

In 2000, Congress passed the Victims of Trafficking and Violence Protection Act to encourage victims, regardless of immigration status, to report crimes, and to support law enforcement efforts to investigate and prosecute human trafficking, such as sex or labor trafficking as defined by federal law.  The law authorized T nonimmigrant status (commonly referred to as “T visa”), which can be sought by immigrants who are victims of a severe form of human trafficking and who assist law enforcement in the investigation or prosecution of human trafficking.  T nonimmigrant status is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States. 

 

Immigrant victims must satisfy several federal statutory requirements to apply for T nonimmigrant status, which include demonstrating that he or she has been a victim of a severe form of human trafficking and has complied with any request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.  A primary way that victims can demonstrate this is to submit a law enforcement declaration (USCIS Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons).  Although this declaration is not required for the T nonimmigrant status application, USCIS considers the signed law enforcement declaration as primary evidence that the victim has been the victim of a severe form of human trafficking and is assisting or has assisted in the investigation or prosecution of human trafficking.  Victims may apply for declarations on their own, and the assistance of an attorney is not required.

 

Under the law, law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a declaration.  The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing declarations and supporting immigrant victims of human trafficking who are helpful in investigations or prosecutions.  USCIS has sole authority to grant immigration benefits, including the T nonimmigrant status. Therefore, an approved and completed declaration by the NYPD does not guarantee T nonimmigrant status or any legal immigration status.  The NYPD does not charge any fee to review requests.

 

The NYPD is proposing the following rule to inform the public about the NYPD’s T declaration process.  The rule:

  • Directs the manner by which applicants may request T declarations,
  • Provides a timetable within which the NYPD will process the requests, and
  • Specifies the appeals process for denials of the requests.

 

 

 

Effective Date: 
Thu, 03/02/2017

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

Agency:
Comment By: 
Thursday, December 1, 2016
Proposed Rules Content: 

NEW YORK CITY POLICE DEPARTMENT

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

What are we proposing? The Police Department is proposing a new rule regarding requests for law enforcement declarations for T nonimmigrant status, the processing of such requests, and the appeals process for denied requests.

When and where is the hearing? The Police Department will hold a public hearing on the proposed rule. The public hearing will take place from 1:30 PM to 4:30 PM on Thursday, December 1, 2016. The hearing will be in the Police Department’s auditorium at One Police Plaza, First Floor, New York, New York 10038.

This location has the following accessibility option(s) available: wheelchair accessible; sign language interpretation.

How do I comment on the proposed rules? Anyone can comment on the proposed rules by:

• Website. You can submit comments to the Police Department through the NYC rules website at http://rules.cityofnewyork.us.

• Email. You can email comments to nycrules@nypd.org.

• Mail. You can mail written comments to the Police Department of the City of New York, Commanding Officer, Legal Bureau, One Police Plaza, Room 1406, New York, New York 10038.

• Fax. You can fax comments to the Police Department, Commanding Officer, Legal Bureau at 646-610-8377.

• By speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling 646-610-5400. You can also sign up in the hearing room before the hearing begins on December 1, 2016. You can speak for up to three minutes.

Is there a deadline to submit comments? Yes, you must submit comments by December 1, 2016.

Do you need assistance to participate in the hearing? You must tell the Legal Bureau if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at 646-610-5400. You must tell us by November 28, 2016.

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/. A few days after the hearing, copies of all comments submitted online, copies of all written comments, and a recording of the hearing will be available to the public at the Legal Bureau.

What authorizes the Police Department to make this rule? Sections 1043 and 435 of the City Charter authorize the Police Department to make this proposed rule. This proposed rule was not included in the Police Department’s regulatory agenda for this Fiscal Year because it was not contemplated when the Police Department published the agenda.

Where can I find the Police Department’s rules? The Police Department’s rules are in Title 38 of the Rules of the City of New York.

What rules govern the rulemaking process? The Police Department must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the City Charter.

Statement of Basis and Purpose of Proposed Rule

In 2000, Congress passed the Victims of Trafficking and Violence Protection Act to encourage victims, regardless of immigration status, to report crimes, and to support law enforcement efforts to investigate and prosecute human trafficking, such as sex or labor trafficking as defined by federal law. The law authorized T nonimmigrant status (commonly referred to as “T visa”), which can be sought by immigrants who are victims of a severe form of human trafficking and who assist law enforcement in the investigation or prosecution of human trafficking. T nonimmigrant status is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement.

Immigrant victims must satisfy several federal statutory requirements to apply for T nonimmigrant status, which include demonstrating that he or she has been a victim of a severe form of human trafficking and has complied with any request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking. A primary way that victims can demonstrate this is to submit a law enforcement declaration (USCIS Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons). Although this declaration is not required for the T nonimmigrant status application, USCIS considers the signed law enforcement declaration as primary evidence that the victim has been the victim of a severe form of human trafficking and is assisting or has assisted in the investigation or prosecution of human trafficking. Victims may apply for declarations on their own, and the assistance of an attorney is not required.

Under the law, law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a declaration. The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing declarations and supporting immigrant victims of human trafficking who are helpful in investigations or prosecutions. USCIS has sole authority to grant immigration benefits, including the T nonimmigrant status. Therefore, an approved and completed declaration by the NYPD does not guarantee T nonimmigrant status or any legal immigration status. The NYPD does not charge any fee to review requests.

The NYPD is proposing the following rule to inform the public about the NYPD’s T declaration process. The rule:

• Directs the manner by which applicants may request T declarations,
• Provides a timetable within which the NYPD will process the requests, and
• Specifies the appeals process for denials of the requests.

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.

Section one. Title 38 of the Rules of the City of New York is amended to add a new Chapter 23 to read as follows:
CHAPTER 23

REQUESTING DECLARATIONS FOR T NONIMMIGRANT STATUS (T DECLARATIONS)

§ 23-01 Introduction

In 2000, Congress passed the Victims of Trafficking and Violence Protection Act to encourage victims, regardless of immigration status, to report crimes, and to support law enforcement efforts to investigate and prosecute human trafficking, such as sex or labor trafficking as defined by federal law. The law authorized T nonimmigrant status (commonly referred to as “T visa”), which can be sought by immigrants who are victims of a severe form of human trafficking and who assist law enforcement in the investigation or prosecution of human trafficking. T nonimmigrant status is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement.

Immigrant victims must satisfy several federal statutory requirements to apply for T nonimmigrant status, which include demonstrating that he or she has been a victim of a severe form of human trafficking and has complied with any request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking. A primary way that victims can demonstrate this is to submit a law enforcement declaration. Although this declaration is not required for the T nonimmigrant status application, USCIS considers the signed law enforcement declaration as primary evidence that the victim has been the victim of a severe form of human trafficking and is assisting or has assisted in the investigation or prosecution of human trafficking.

Victims may apply for declarations on their own, and the assistance of an attorney is not required. Under the law, law enforcement agencies, such as the Department, have the discretion to approve or deny a declaration. The Department is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing declarations and supporting immigrant victims of human trafficking who are helpful in investigations or prosecutions.

§23-02 Definitions

“Applicant” means a victim of human trafficking who is petitioning the United States Citizenship and Immigration Service (USCIS) for T nonimmigrant status, or a person or organization who requests a T declaration on behalf of a victim of human trafficking.

“Department” means the New York City Police Department.

“Derivative T nonimmigrant status” means a temporary nonimmigrant status of four years or less granted to one or more qualifying family members, as prescribed in 8 U.S.C. § 1101(a)(15)(T)(ii), of a victim of human trafficking who has been granted T nonimmigrant status.

“Human trafficking” means severe forms of trafficking in persons, including labor or sex trafficking, as defined by 22 U.S.C. § 7102(9) and 8 C.F.R. § 214.11(a).

“T declaration” means USCIS Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, a document that the Department may, at its discretion, review free of charge for eligible victims of human trafficking who are petitioning USCIS for T nonimmigrant status.

“T nonimmigrant status” means a temporary nonimmigrant status granted by USCIS to certain victims of human trafficking.

§23-03 Request for T declaration

(a) Letter required. An applicant requesting a T declaration from the Department must submit a letter in accordance with the requirements of this section. The applicant must type or clearly print the letter. The letter may be printed in the applicant’s preferred language.

(b) Required information. The letter must:
(1) Provide the victim’s full name (including any middle names and other names, such as maiden names or nicknames), date of birth, gender, phone number, and address;
(2) Describe the nature of the human trafficking, including the date(s) and location(s) of the occurrence(s);
(3) Specify how the victim has complied with the Department’s requests for assistance in the investigation or prosecution of human trafficking;
(4) Designate a return mailing address directing where, and to whom, the Department may send written correspondence related to the request; and
(5) If applicable, specify any of the following circumstances:
i. The victim is in U.S. Immigration and Customs Enforcement (ICE) custody,
ii. The victim is in immigration proceedings for removal or deportation from the United States, and/or
iii. One or more qualifying family members of the victim will become, within 3 months of the date of the letter, ineligible for derivative T nonimmigrant status, based on the victim’s or the qualifying family member’s age.

(c) Submission. The applicant must submit the letter to the Department’s designated T declaration office, as prescribed on the Department’s website.

§23-04 Department Response and Appeals

(a) Department response. Within 45 days of receiving a request for T declaration, the Department will notify the applicant, in a letter sent to the applicant’s designated return mailing address, that: (1) the request is approved or denied, or (2) the request requires more than 45 days of review. If the request is denied, the Department will also notify the applicant of the basis for the denial and the process for appealing the denial (“Department denial letter”). If the request requires more than 45 days of review, the Department will also provide a reasonable estimate of when a determination will be made.

(b) Appeals.

(1) Within 90 days of the date of the Department denial letter, an applicant appealing a denial of a request for a T declaration must mail a typed or clearly printed letter to the Department’s designated T declaration appeals office as specified by the Department denial letter. The applicant’s letter must state the basis for appeal and include with the letter a copy of the Department denial letter.

(2) Within 90 days of receiving an applicant’s letter appealing a denial, the Department will send a letter to the applicant’s designated return mailing address notifying the applicant that the appeal:
(i) is rejected and the initial denial is upheld; or
(ii) is granted and the Department will issue a T declaration; or
(iii) requires more than 90 days to review, in which case the Department will also provide a reasonable estimate of when a determination will be made.


NEW YORK CITY MAYOR’S OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400

CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043(d)

RULE TITLE: Certification for T Visa Status
REFERENCE NUMBER: NYPD-9
RULEMAKING AGENCY: New York City Police Department

I certify that this office has analyzed the proposed rule referenced above as required by Section 1043(d) of the New York City Charter, and that the proposed rule referenced above:

(i) Is understandable and written in plain language for the discrete regulated
community or communities;

(ii) Minimizes compliance costs for the discrete regulated community or
communities consistent with achieving the stated purpose of the rule; and

(iii) Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation.

/s/ Shevani Patel October 13, 2016
Mayor’s Office of Operations Date


NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-4028

CERTIFICATION PURSUANT TO
CHARTER §1043(d)

RULE TITLE: Certification for T Visa Status
REFERENCE NUMBER: 2016 RG 074
RULEMAKING AGENCY: New York City Police Department

I certify that this office has reviewed the above-referenced proposed rule as required by section 1043(d) of the New York City Charter, and that the above-referenced proposed rule:

(i) is drafted so as to accomplish the purpose of the authorizing provisions of law;
(ii) is not in conflict with other applicable rules;
(iii) to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and
(iv) to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.

/s/ STEVEN GOULDEN Date: October 12, 2016
Acting Corporation Counsel

Subject: 

Requesting Declarations for T Nonimmigrant Status (T Declarations)

Location: 
Auditorium
1 Police Plaza
New York, NY 10038
Contact: 

Robert Barrows, Managing Attorney - 646-610-5400

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NEW YORK CITY POLICE DEPARTMENT

Notice of Adoption
Notice is hereby given that pursuant to the authority granted by the Police Commissioner by Section 435 of the New York City Charter (“Charter”) and Sections 20-267, 20-273 and 20-277 of the New York City Administrative Code, and in accordance with Section 1043 of the Charter, the Police Department has promulgated amendments to Chapter 21 of Title 38 of the Official Compilation of the Rules of the City of New York, entitled “Recordkeeping for Pawnbrokers and Second-Hand Dealers and Related Inspections.”

A public hearing to consider the adoption of this proposed rule was held by the Police Department on July 22, 2016. Comments received from the public in connection with the rulemaking are found at http://rules.cityofnewyork.us/comments-view/25926.

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.

Section 1. The title of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

CHAPTER 21
RECORDKEEPING FOR PAWNBROKERS AND [CERTAIN]
SECOND-HAND DEALERS AND RELATED INSPECTIONS
§ 2. Section 21-01 of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

§ 21-01 Introduction.

[The following rule was] Sections 21-02 through 21-09 of this Chapter have been promulgated by the Police Commissioner to implement the provisions of Local Law No. 149 of 2013 (“the Local Law”), which establishes new requirements for recordkeeping by pawnbrokers and certain second-hand dealers in New York City. Sections 21-10 and 21-11 of this Chapter generally codify certain, long-standing written recordkeeping requirements and address related administrative inspections.

§ 3. Section 21-02 of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

§ 21-02 Definitions.

Dealer in Second-Hand Articles. “Dealer in Second-Hand Articles” or “Second-Hand Dealer” means a dealer in second-hand articles as such person is defined in Section 20-264 of the New York City Administrative Code.

Dealer Subject to Electronic Recordkeeping Requirements. “Dealer Subject to Electronic Recordkeeping Requirements” means a dealer in second-hand articles who deals in: (1) the purchase or sale of any second-hand manufactured article composed wholly or in part of gold, silver, platinum, or other precious metals; the purchase or sale of any old gold, silver, platinum or other precious metals; the purchase of articles or things comprised of gold, silver, platinum or other precious metals for the purpose of melting or refining; the purchase or sale of used electrical appliances excluding kitchen appliances; the purchase or sale of any used electronic equipment, computers or component parts of electronic equipment or computers; or (2) the purchase or sale of pawnbroker tickets or other evidence of pledged articles, or the redemption or sale of pledged articles, where the second-hand dealer is not a pawnbroker.

Computer. “Computer” means a device which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to an ordered set of data representing coded instructions or statements, can automatically perform arithmetic, logical, storage or retrieval operations, including but not limited to a tablet, laptop, desktop, gaming system, e-reader, MP3 player, or smartphone.

Electronic Equipment. “Electronic Equipment” means a device capable of recording, storing, playing or displaying digital media, including but not limited to a tablet, laptop, desktop, gaming system, e-reader, MP3 player, cellphone, smartphone, or any other electronic device capable of voice communication.

IMEI Number. “IMEI Number” means International Mobile Equipment Identity number.

Member of the Police Department. “Member of the Police Department” means a sworn officer of the New York City Police Department (NYPD).

Pawnbroker. “Pawnbroker” means a collateral loan broker as defined in Section 52 of the New York State General Business Law.

Police Commissioner. “Police Commissioner” means the Commissioner of the New York City Police Department.

Second-Hand Articles Store Log. “Second-Hand Articles Store Log” means the blank, triplicate form furnished by the Police Department to pawnbrokers and second-hand dealers pursuant to New York City Administrative Code §§ 20-267 and 20-277.

§ 4. Chapter 21 of Title 38 of the Rules of the City of New York is amended by adding two new sections 21-10 and 21-11 to read as follows:

§ 21-10 Compliance with Written Record-Keeping and Reporting Requirements.

(a) A member of the Police Department must provide each pawnbroker and second-hand dealer with a Second-Hand Articles Store Log and a copy of instructions.

(b) A member of the Police Department must visit each business maintaining a Second-Hand Articles Store Log at least once every ten days to obtain a copy of the records from the Second-Hand Articles Store Log. Each visit by such member must be documented by the member in the appropriate portion of the Second-Hand Articles Store Log.

(c) This section shall not apply to any pawnbroker or second-hand dealer that, to the satisfaction of the Police Department, uploads complete electronic records of transactions, including the information that would otherwise be required to be kept in the Second-Hand Articles Store Log, on a daily basis to a web-based electronic data transfer service designated by the Police Commissioner.

§ 21-11 Administrative Inspections.

(a) Members of the Police Department must conduct administrative inspections of each pawnbroker and second-hand dealer to ensure compliance with the record-keeping and reporting requirements set forth in the New York City Administrative Code and New York State General Business Law. These inspections must occur regularly, and in no event less often than once per quarter during the calendar year. In conducting these inspections, a member of the Police Department must:

(1) Request to see the last twenty articles purchased or received in pledge by the pawnbroker or second-hand dealer that are still in inventory, which articles must be produced by the pawnbroker or second-hand dealer;
(2) Compare the articles to the description of such articles listed in the Second-Hand Articles Store Log or the electronic record maintained pursuant to Sections 21-03 and 21-04 of this Chapter; and
(3) Review the entry for each of these twenty items in the Second-Hand Articles Stores Log or electronic record for completeness, accuracy and legibility.

(b) Pawnbrokers or second-hand dealers, including their employees, refusing to comply with an inspection conducted pursuant to this rule may be subject to civil as well as criminal penalties under the applicable provisions of local or state law.

STATEMENT OF BASIS AND PURPOSE OF RULE
Pawnbrokers and second-hand dealers in New York City are licensed by the Department of Consumer Affairs (“DCA”), and their record-keeping and reporting practices are monitored by both DCA and the New York City Police Department (“NYPD”). Pawnbrokers and second-hand dealers are closely regulated in New York City, and it is vitally important to ensure that accurate and complete records are maintained by these businesses. Among other requirements, pawnbrokers and second-hand dealers must maintain records and report information about their transactions pursuant to the New York City Administrative Code and the New York State General Business Law.

NYPD has adopted the following rule to generally codify its practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure their compliance with record-keeping and reporting requirements. The rule:

• Defines a Second-Hand Article Store Log, a set of forms that pawnbrokers and second-hand dealers are required to complete pursuant to reporting requirements set forth in the New York City Administrative Code and this chapter;
• Sets forth procedures for obtaining completed Second-Hand Article Store Logs by the NYPD from pawnbrokers and second-hand dealers; and
• Generally codifies NYPD practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure that the transactional information reported by these businesses is complete, accurate, and legible.

After reviewing comments received at the hearing and in writing, the NYPD is adopting the rule with the change that the administrative inspections must occur regularly and in no event less often than once per quarter during the calendar year as well as certain clarifying changes designed to ensure that the rule accurately sets forth the scope and application of reporting requirements and inspection provisions.

The laws that require pawnbrokers and second-hand dealers to report information about their transactions and that authorize inspection of these businesses and their records are the subject of currently pending litigation. Although a trial court issued a preliminary injunction prohibiting enforcement of many of these laws, that decision was stayed by an appellate court. See Collateral Loanbrokers Assn. of New York, Inc. v. City of New York, No. M-3147 (1st Dep’t Aug. 4, 2015); Collateral Loanbrokers Assn. of New York, Inc. v. City of New York, 18 N.Y.S.3d 578 (Sup. Ct. Bronx Cnty June 3, 2015). NYPD therefore remains responsible for enforcing these laws while the litigation is pending.

Effective Date: 
Sat, 09/03/2016

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

Agency:
Comment By: 
Friday, July 22, 2016
Proposed Rules Content: 

NEW YORK CITY POLICE DEPARTMENT

Notice of Public Hearing and Opportunity to Comment on Proposed Rules
What are we proposing? The New York City Police Department (“NYPD”) is proposing a new rule to codify its practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure their compliance with record-keeping and reporting requirements. The change would amend Chapter 21 of the Department’s rules by amending § 21-01, adding new definitions to § 21-02 and adding two new sections, §§ 21-10 and 21-11, to the Chapter.

When and where is the hearing? The NYPD will hold a public hearing on the proposed rules. The public hearing will take place at 10:00 AM to 12:00 PM on Friday, July 22, 2016. The hearing will be held in the Police Department’s Auditorium located at One Police Plaza, First Floor, New York, New York 10038

How do I comment on the proposed rules? Anyone can comment on the proposed rules by:
● Website. You can submit comments to the Police Department through the NYC rules Web Site at http://rules.cityofnewyork.us.
● Email. You can email written comments to nycrules@nypd.nyc.gov.
● Mail. You can mail written comments to the Police Department City of New York, Commanding Officer, Legal Bureau, One Police Plaza, Room 1406, New York, NY 10038.
● Fax. You can fax written comments to the Police Department City of New York, Commanding Officer, Legal Bureau, at 646-610-8377.
● By speaking at the hearing. Anyone who wants to comment on the proposed rules at the public hearing must sign up to speak. You can sign up before the hearing by calling 646-610-5400. You can also sign up in the hearing room before the hearing begins on July 22, 2016. You can speak for up to three minutes.

Is there a deadline to submit written comments? Yes, you must submit written comments by July 22, 2016.

Do you need assistance to participate in the hearing? You must tell the NYPD Legal Bureau if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at 646-610-5400. You must tell us by July 15, 2016.

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at the Legal Bureau.

What authorizes the NYPD to make these rules? Section 1043 and 435 of the City Charter and §§ 20-267, 20-273 and 20-277 of the New York City Administrative Code authorize the Police Department to make these proposed rules. These proposed rules were not included in the Police Department’s regulatory agenda because the need for them was not anticipated at the time of the agenda’s publication.

Where can I find the NYPD’s rules? The Police Department’s rules are in Title 38 of the Rules of the City of New York.

What rules govern the rulemaking process? The Police Department must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the City Charter.

STATEMENT OF BASIS AND PURPOSE

Pawnbrokers and second-hand dealers in New York City are licensed by the Department of Consumer Affairs (“DCA”), and their record-keeping and reporting practices are monitored by both DCA and the New York City Police Department (“NYPD”). Pawnbrokers and second-hand dealers are closely regulated in New York City, and it is vitally important to ensure that accurate and complete records are maintained by these businesses. Among other requirements, pawnbrokers and second-hand dealers must maintain records and report information about their transactions pursuant to the New York City Administrative Code and the New York State General Business Law.

NYPD is proposing the following rule to generally codify its practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure their compliance with record-keeping and reporting requirements. The rule would:

• Define a Second-Hand Article Store Log, a set of forms that pawnbrokers and second-hand dealers are required to complete pursuant to reporting requirements set forth in the New York City Administrative Code and this chapter;
• Set forth procedures for obtaining completed Second-Hand Article Store Logs by the Police Department from pawnbrokers and second-hand dealers; and
• Generally codify NYPD practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure that the transactional information reported by these businesses is complete, accurate, and legible.

The laws that require pawnbrokers and second-hand dealers to report information about their transactions and that authorize inspection of these businesses and their records are the subject of currently pending litigation. Although a trial court issued a preliminary injunction prohibiting enforcement of many of these laws, that decision was stayed by an appellate court. See Collateral Loanbrokers Assn. of New York, Inc. v. City of New York, No. M-3147 (1st Dep’t Aug. 4, 2015); Collateral Loanbrokers Assn. of New York, Inc. v. City of New York, 18 N.Y.S.3d 578 (Sup. Ct. Bronx Cnty June 3, 2015). NYPD therefore remains responsible for enforcing these laws while the litigation is pending, and this rulemaking serves that end.

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.

Section 1. The title of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

CHAPTER 21
RECORDKEEPING FOR PAWNBROKERS AND [CERTAIN]
SECOND-HAND DEALERS AND RELATED INSPECTIONS
§ 2. Section 21-01 of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

§ 21-01 Introduction.

[The following rule was] Sections 21-02 through 21-09 of this Chapter have been promulgated by the Police Commissioner to implement the provisions of Local Law No. 149 of 2013 (“the Local Law”), which establishes new requirements for recordkeeping by pawnbrokers and certain second-hand dealers in New York City. Sections 21-10 and 21-11 of this Chapter generally codify certain, long-standing written recordkeeping requirements and address related administrative inspections.

§ 3. Section 21-02 of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

§ 21-02 Definitions.

Dealer in Second-Hand Articles. “Dealer in Second-Hand Articles” or “Second-Hand Dealer” means a dealer in second-hand articles as such person is defined in Section 20-264 of the New York City Administrative Code.

Dealer Subject to Electronic Recordkeeping Requirements. “Dealer Subject to Electronic Recordkeeping Requirements” means a dealer in second-hand articles who deals in: (1) the purchase or sale of any second-hand manufactured article composed wholly or in part of gold, silver, platinum, or other precious metals; the purchase or sale of any old gold, silver, platinum or other precious metals; the purchase of articles or things comprised of gold, silver, platinum or other precious metals for the purpose of melting or refining; the purchase or sale of used electrical appliances excluding kitchen appliances; the purchase or sale of any used electronic equipment, computers or component parts of electronic equipment or computers; or (2) the purchase or sale of pawnbroker tickets or other evidence of pledged articles, or the redemption or sale of pledged articles, where the second-hand dealer is not a pawnbroker.

Computer. “Computer” means a device which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to an ordered set of data representing coded instructions or statements, can automatically perform arithmetic, logical, storage or retrieval operations, including but not limited to a tablet, laptop, desktop, gaming system, e-reader, MP3 player, or smartphone.

Electronic Equipment. “Electronic Equipment” means a device capable of recording, storing, playing or displaying digital media, including but not limited to a tablet, laptop, desktop, gaming system, e-reader, MP3 player, cellphone, smartphone, or any other electronic device capable of voice communication.

IMEI Number. “IMEI Number” means International Mobile Equipment Identity number.

Member of the Police Department. “Member of the Police Department” means a sworn officer of the New York City Police Department (NYPD).

Pawnbroker. “Pawnbroker” means a collateral loan broker as defined in Section 52 of the New York State General Business Law.

Police Commissioner. “Police Commissioner” means the Commissioner of the New York City Police Department.

Second-Hand Articles Store Log. “Second-Hand Articles Store Log” means the blank, triplicate form furnished by the Police Department to pawnbrokers and second-hand dealers pursuant to New York City Administrative Code §§ 20-267 and 20-277.

§ 4. Chapter 21 of Title 38 of the Rules of the City of New York is amended by adding two new sections 21-10 and 21-11 to read as follows:

§ 21-10 Compliance with Written Record-Keeping and Reporting Requirements.

(a) A member of the Police Department must provide each pawnbroker and second-hand dealer with a Second-Hand Articles Store Log and a copy of instructions.

(b) A member of the Police Department must visit each business maintaining a Second-Hand Articles Store Log at least once every ten days to obtain a copy of the records from the Second-Hand Articles Store Log. Each visit by such member must be documented by the member in the appropriate portion of the Second-Hand Articles Store Log.

§ 21-11 Administrative Inspections.

(a) Members of the Police Department must conduct administrative inspections of each pawnbroker and second-hand dealer to ensure compliance with the record-keeping and reporting requirements set forth in the New York City Administrative Code and New York State General Business Law. These inspections must occur regularly, and in no event less often than once per month. In conducting these inspections, a member of the Police Department must:

(1) Request to see the last twenty articles purchased or received in pledge by the pawnbroker or second-hand dealer that are still in inventory, which articles must be produced by the pawnbroker or second-hand dealer;
(2) Compare the articles to the description of such articles listed in the Second-Hand Articles Store Log or the electronic record maintained pursuant to Sections 21-03 and 21-04 of this Chapter; and
(3) Review the entry for each of these twenty items in the Second-Hand Articles Stores Log or electronic record for completeness, accuracy and legibility.

(b) Pawnbrokers or second-hand dealers, including their employees, refusing to comply with an inspection conducted pursuant to this rule may be subject to issuance of a summons under the applicable provisions of local or state law.

NEW YORK CITY MAYOR’S OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400

CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043(d)

RULE TITLE: Recordkeeping Requirements for Pawnbrokers and Second-Hand Dealers
REFERENCE NUMBER: NYPD-8
RULEMAKING AGENCY: New York Police Department

I certify that this office has analyzed the proposed rule referenced above as required by Section 1043(d) of the New York City Charter, and that the proposed rule referenced above:

(i) Is understandable and written in plain language for the discrete regulated
community or communities;

(ii) Minimizes compliance costs for the discrete regulated community or
communities consistent with achieving the stated purpose of the rule; and

(iii) Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation.

/s/ Francisco X. Navarro June 14, 2016
Mayor’s Office of Operations Date


NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-4028

CERTIFICATION PURSUANT TO
CHARTER §1043(d)

RULE TITLE: Recordkeeping Requirements for Pawnbrokers and Second-Hand Dealers
REFERENCE NUMBER: 2016 RG 057
RULEMAKING AGENCY: New York City Police Department

I certify that this office has reviewed the above-referenced proposed rule as required by section 1043(d) of the New York City Charter, and that the above-referenced proposed rule:

(i) is drafted so as to accomplish the purpose of the authorizing provisions of law;
(ii) is not in conflict with other applicable rules;
(iii) to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and
(iv) to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.

/s/ STEVEN GOULDEN Date: June 13, 2016
Acting Corporation Counsel

Subject: 

Recordkeeping for Pawnbrokers and Second-hand Dealers and Related Inspections

Location: 
Auditorium
1 Police Plaza
New York, NY 10038
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 10, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule The purpose of these revised rules is to simplify the language in the rules to make them easier for the public to understand, to accelerate investigations and make them more transparent to the public, and to codify Board resolutions that were previously voted on and adopted. Specifically, the proposed rules: • Add definitions to clarify the meaning of “Full Board,” “Agency Staff,” “Personal Knowledge,” “Complainant,” “Reporting Non-Witness,” “Victim,” and “Case.” • Move all definitions to section §1-01. • In defining terms “Complainant,” “Reporting Non-Witness,” and “Victim,” differentiate between various types of individuals who report and are involved in incidences of force, abuse of authority, discourtesy, and offensive language investigated by the Civilian Complaint Review Board. • Delineate who must be kept informed of resolutions at various stages of a case. • Add sections §1-11 and §1-15 to explain how CCRB starts to investigate complaints, who may report such a complaint, and the time limitations which affect when a complaint can be filed with the agency. • Provide further detail regarding form statements and warnings read by investigators at the Civilian Complaint Review Board to both officers and civilians prior to a statement being taken. • To prevent unreasonable delays in CCRB’s operations, allow flexibility in panel composition and remove the requirement for voting by Board members to be in-person or by videoconference. • Update the types of case dispositions to reflect the current types of dispositions used by the Civilian Complaint Review Board. • Adjust the specific subsections of case disposition recommendations the Executive Director can review and close without Board approval to reflect a Board resolution made on April 8, 2015. • Codify Board resolutions made in 2014 allowing the Administrative Prosecution Unit to request Board reconsideration or dismissal of allegations pending prosecution. • Adjust the language of §1-46 to hold proposed pleas negotiated by the Administrative Prosecution Unit in abeyance until approved by the Police Commissioner. • Reword §1-54 to clarify a Reporting Non-Witness’s role in the mediation process and adjust language to clarify that parties are not required to sign an agreement after the mediation process is completed. • Move the reconsideration section from §1-55 to §1-36, and rewrite the section to more clearly explain the reconsideration process when various individuals and entities request reconsideration or the reopening of a case, the factors to be considered in whether to reopen a case for reconsideration, and the process by which a case is reconsidered. • Provide more autonomy to the Executive Director to refer complaints outside of the Civilian Complaint Review Board’s jurisdiction to other appropriate agencies. • Codify the Executive Director’s current role in managing the day-to-day operations of the Civilian Complaint Review Board. • Add a section allowing the Board Chair to have the authority to create committees and subcommittees to assist the Civilian Complaint Review Board. In proposing these rule revisions, the Civilian Complaint Review Board has ensured they comply with § 50-a of the New York Civil Rights Law. Civilian Complaint Review Board’s authority for these rules is found in Sections 1043 and 440 of the New York City Charter.

Subject: 

The Civilian Complaint Review Board (CCRB) is revising multiple sections of its rules to simplify the rules language so that it’s easier for the public to understand the rules, to accelerate investigations and make them more transparent to the public, and to codify Board resolutions that were previously voted on and adopted.

Location: 
Civilian Complaint Review Board Conference Room
100 Church Street 10th Floor
New York, NY 10007
Contact: 

Lindsey Flook, Esq.
ccrbrules@ccrb.nyc.gov
Phone Number - 212-912-7246
Fax Number - 646-500-7254

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NEW YORK CITY POLICE DEPARTMENT

Notice of Adoption

Notice is hereby given that pursuant to the authority granted to the Police Commissioner by Section 435 of the New York City Charter ("Charter"), and in accordance with section 1043 of the Charter, the Police Department has promulgated a new Chapter 22 of Title 38 of the Official Compilation of the Rules of the City of New York, entitled “Requesting Certifications for U Nonimmigrant Status (U Certifications).”

A public hearing to consider the adoption of this rule was held by the Police Department on January 12, 2016. Comments received from the public in connection with the rulemaking are found at http://rules.cityofnewyork.us/comments-view/25071.

NOTE: New matter is underlined; deleted matter is in [brackets].
“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of the Police Department, unless otherwise specified or unless the context clearly indicates otherwise.

Section 1. Title 38 of the Rules of the City of New York is amended by adding a new Chapter 22 to read as follows:
CHAPTER 22

REQUESTING CERTIFICATIONS FOR U NONIMMIGRANT STATUS (U CERTIFICATIONS)

§22-01 Introduction

In 2000, Congress passed the Victims of Trafficking and Violence Prevention Act to encourage victims regardless of immigration status to report crimes and contribute to investigations and prosecutions and to support law enforcement efforts to investigate and prosecute crimes committed against immigrant victims. The law authorized U nonimmigrant status, which can be sought by immigrant victims of certain crimes who previously assisted, are currently assisting, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. U nonimmigrant status is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement.

To be eligible for U nonimmigrant status, immigrant victims must satisfy several federal statutory requirements, which include a completed law enforcement certification. Immigrant victims may apply for certifications on their own, and the assistance of an attorney is not required. Under the law, local law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a request for certification. Certifications issued by the NYPD are free of charge. The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing certifications and supporting immigrant victims of crime who are helpful in investigations or prosecutions.

§22-02 Definitions

“Applicant” means a victim of a qualifying crime who requests U certification, or a person or organization who requests a U certification on behalf of a victim of a qualifying crime.

“Department” means the New York City Police Department.

“Derivative U nonimmigrant status” means a temporary nonimmigrant status of four years or less granted to one or more qualifying family members, as prescribed in 8 U.S.C. § 1101(a)(15)(U)(ii), of a victim who has been granted U nonimmigrant status.

“Qualifying crime” means the categories of crimes prescribed by 8 U.S.C. § 1101(a)(15)(U)(iii) and 8 C.F.R. § 214.14(a)(9).

“U nonimmigrant status” means a four year temporary nonimmigrant status granted to certain victims of qualifying criminal activity, as designated by U.S. Citizenship and Immigration Services (USCIS).

“U certification” means USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification, a document that the Department may, at its discretion, complete free of charge for an eligible victim of a qualifying crime who is petitioning USCIS for U nonimmigrant status.

§22-03 Request for U certification

(a) Letter required. An applicant requesting a U certification from the Department must submit a letter in accordance with the requirements of this section. The applicant must type or clearly print the letter. The letter may be printed in the applicant’s preferred language.

(b) Required information. The letter must:
(1) Provide the victim’s full name (including any middle names and other names, such as maiden names or nicknames), date of birth, gender, phone number, and address;
(2) Describe the qualifying crime(s), including the date(s) and location(s) of the occurrence(s);
(3) Specify how the victim has assisted, is assisting, or is likely to be helpful to the Department in the investigation or prosecution of the qualifying crime(s);
(4) Designate a return mailing address directing where, and to whom, the Department may send written correspondence related to the request; and
(5) If applicable, specify any of the following circumstances:
i. The victim is in U.S. Immigration and Custom Enforcement (ICE) custody,
ii. The victim is in immigration proceedings for removal or deportation from the United States, and/or
iii. One or more qualifying family members of the victim will become, within 3 months of the date of the letter, ineligible for derivative U nonimmigrant status, based on the victim’s or the qualifying family member’s age..

(c) Submission. The applicant must submit the letter by mail to the Department’s designated U certification office, as prescribed on the Department’s website.

§22-04 Department Response and Appeals

(a) Department response. Within 45 days of receiving a request for U certification, the Department will notify the applicant, in a letter sent to the applicant’s designated return mailing address, that: (1) the request is approved or denied, or (2) the request requires more than 45 days of review. If the request is denied, the Department will also notify the applicant of the basis for the denial and the process for appealing the denial (“Department denial letter”). If the request requires more than 45 days of review, the Department will also provide a reasonable estimate of when a determination will be made.

(b) Appeals.

(1) Within 90 days of the date of the Department denial letter, an applicant appealing a denial of a request for a U certification must mail a typed or clearly printed letter to the Department’s designated U certification appeals office as specified by the Department denial letter. The applicant’s letter must state the basis for appeal and include a copy of the Department denial letter.

(2) Within 90 days of receiving an applicant’s letter appealing a denial, the Department will send a letter to the applicant’s designated return mailing address notifying the applicant that the appeal:
(i) is rejected and the initial denial is upheld; or
(ii) is granted and the Department will issue a U certification; or
(iii) requires more than 90 days to review, in which case the Department will also provide a reasonable estimate of when a determination will be made.


Statement of Basis and Purpose of Rule

In 2000, Congress passed the Victims of Trafficking and Violence Prevention Act to encourage victims regardless of immigration status to report crimes and contribute to investigations and prosecutions and to support law enforcement efforts to investigate and prosecute crimes committed against immigrant victims. The law authorized U nonimmigrant status, which can be sought by immigrant victims of certain crimes who previously assisted, are currently assisting, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. U nonimmigrant status is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement.

To be eligible for U nonimmigrant status, immigrant victims must satisfy several federal statutory requirements, which include a completed law enforcement certification (USCIS Form I-918, Supplement B). Immigrant victims may apply for certifications on their own, and the assistance of an attorney is not required. Under the law, local law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a request for certification. Certifications issued by the NYPD are free of charge. The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing certifications and supporting immigrant victims of crime who are helpful in investigations or prosecutions. However, USCIS has sole authority to grant immigration benefits, including U nonimmigrant status. Therefore, an approved and completed certification by the NYPD does not guarantee U nonimmigrant status or any legal immigration status.

The NYPD is issuing the following rule to inform the public about the NYPD’s U certification process. The rule:

• Directs the manner by which applicants may request U certifications,
• Provides a timetable within which the NYPD will process such requests, and
• Specifies the appeals process for denials of such requests.

Effective Date: 
Sun, 05/08/2016

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, January 12, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

In 2000, Congress passed the Victims of Trafficking and Violence Prevention Act to encourage victims regardless of immigration status to report crimes and contribute to investigations and prosecutions and to support law enforcement efforts to investigate and prosecute crimes committed against immigrant victims. The law authorized U nonimmigrant status (“U visa”), which can be sought by immigrant victims of certain crimes who previously assisted, are currently assisting, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. The U visa is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement. To be eligible for a U visa, immigrant victims must satisfy several federal statutory requirements, which include a completed law enforcement certification (USCIS Form I-918, Supplement B). Under the law, local law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a certification. The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing certifications and supporting immigrant victims of crime who are helpful in investigations or prosecutions. However, USCIS has sole authority to grant immigration benefits, including the U visa. Therefore, an approved and completed certification by the NYPD does not guarantee a U visa or any legal immigration status. The NYPD is proposing the following rule to inform the public about the NYPD’s U visa certification process. The rule: • Directs the manner by which applicants may request U visa certifications, • Provides a timetable within which the NYPD will process such requests, and • Specifies the appeals process for denials of such requests. 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: 

Police Department U Visa Certification Proposed Rule

Location: 
Auditorium
One Police Plaza First Floor
New York, NY 10038
Contact: 

NYPD Legal Bureau - 646-610-5400

Download Copy of Proposed Rule (.pdf): 

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

Agency:
Comment By: 
Tuesday, May 13, 2014
Proposed Rules Content: 


Statement of Basis and Purpose of Proposed Rule

Local Law 149 of 2013 amended Sections 20-267, 20-273, and 20-277 of the New York City Administrative Code, to require electronic recordkeeping by pawnbrokers and by certain second-hand dealers, specifically those dealing in electronics, jewelry, and pawn tickets.  Section four of Local Law 149 of 2013 authorizes the Commissioner of the Department of Consumer Affairs (DCA) and the Commissioner of the New York City Police Department (NYPD) to promulgate rules necessary to carry out the provisions of this new law.

Pawnbrokers and second-hand dealers in New York City are licensed by DCA and their record-keeping practices are monitored by both DCA and the NYPD.  It is vitally important to ensure that accurate and complete records are maintained by these businesses, which may unwittingly be used as the repository of stolen property.  DCA inspectors and NYPD officers must routinely visit these locations to inspect what is informally called the “Police Book,” i.e., the log book containing a record of each transaction on tear-off sheets, to ensure that they are completed accurately and that they correctly reflect the property present in the store.

By requiring accurate and detailed electronic recordkeeping for pawnbrokers and certain second-hand dealers, implementation of Local Law 149 of 2013 will both improve administrative efficiency and deter property crime by discouraging the disposal of stolen property.

The following rule is proposed by the Police Commissioner to implement the provisions of Local Law 149 of 2013.  The rule would:

  • Identify the businesses which are subject to electronic recordkeeping;
  • Direct the manner, format, and timeliness with which electronic records are created, maintained and uploaded;
  • Notify businesses subject to electronic recordkeeping about the types of information that must be included when describing certain items in their electronic records; and
  • Specify the equipment necessary to create, maintain and upload the electronic records as well as the length of time electronic records must be retained.

The Police Department’s authority for this rule is found in Section 435 of the City Charter and Sections 20-273 and 20-277 of the New York City Administrative Code.

 

Subject: 

Recordkeeping for Pawnbrokers and Certain Second-Hand Dealers

Location: 
Police Department's Auditorium
1 Police Plaza First Floor
New York, NY 10038
Contact: 

Susan Petito
Assistant Commissioner, Intergovernmental Affairs
New York City Police Department
One Police Plaza, Room 1406A
New York, New York 10038
(646) 610-5336