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

Agency:
Comment By: 
Friday, November 1, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Regulations

Various state and local laws vest the New York city Comptroller with authority to enforce prevailing wage laws by conducting investigations and hearings and issuing reports with recommendations or orders.  New York labor law section 220(3-a)(a)(ii) further requires covered employers to post jobsite notices and provide pay stubs and notices to covered employees with applicable prevailing wage and supplement rates, and vests the Comptroller with the authority to assess civil penalties for violations of these notice requirements.  The laws that vest authority in the Comptroller are detailed below.

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Article 8 of the New York labor law requires payment of prevailing wages and supplements to construction workers on New York city public work projects.

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Article 9 of the New York labor law requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies.

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Subdivision 8, paragraph h of subdivision 16 and paragraph g of subdivision 17 of section 421-a of the New York real property tax law require payment of prevailing wages and supplements to building service employees in certain buildings that receive real estate tax exemptions under that law.

·      

New York city administrative code section 6-109 requires payment of prevailing wages and supplements to workers on certain service contracts with city agencies.

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New York city administrative code section 19-142 requires payment of prevailing wages and supplements to workers on New York city street excavations.

This proposed rule sets forth a clear and uniform procedure for investigating and assessing civil penalties for failure to post notices at job sites or provide notices with pay stubs to workers under the above-mentioned laws. The comprehensiveness of the rules provides enhanced guidance to employers, employees, and building owners covered by these laws.

Section 1 amends section 2-02 of chapter 2 of title 44 to add a definition for “Construction Poster” that is required by labor law section 220(3-a)(a)(ii) and amends the definition of “Worker Notice Poster” in section 2-02 of such chapter to conform to the requirements of labor law section 220(3-a)(a)(ii).

Section 2 amends paragraph 1 of subdivision c of section 2-04 of chapter 2 of title 44 to add an additional recordkeeping requirement for pay stubs or wage statements required by labor law sections 195(3) and 220(3-a)(a)(ii).  Section 2 also amends paragraphs 4, 5 and 6 of subdivision c of section 2-04 of such chapter to add additional notice requirements for public work projects to be posted at job sites and provided to workers with their pay stubs under labor law section 220(3-a)(a)(ii).

Section 3 amends chapter 2 of title 44 to add a new section 2-07 creating a procedure for the assessment of civil penalties to covered employers for failure to post required jobsite notices or to provide notices and pay stubs with applicable prevailing wage and supplement rates under labor law section 220(3-a)(a)(ii).

Subject: 

Comptroller’s Enforcement of the Prevailing Wage Law

Location: 
David N. Dinkins Municipal Building
One Centre Street Room 1005
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 53 of 2018 amended the Administrative Code by adding a new Section 24-223.1, which provides for the issuance of a stop work order when it is found that work is being performed in violation of the provisions of Section 24-222 or 24-228 or any rules promulgated thereunder.

DEP is promulgating these rules, as required by Section 24-223.1, to establish a procedure for requesting a hearing to appeal a written stop work order by amending Chapter 45 of Title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of Title 15 of the RCNY to add the hearing for appeal of written stop work orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

DEP received no comments at the public hearing nor were any submitted to DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 45 and 15 RCNY Chapter 32.

The Rule is authorized by Section 1043 of the Charter and Sections 24-204 and 24-223.1 of the Administrative Code.

Effective Date: 
Wed, 10/10/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 of 2015 amended Section 24-146 of the Administrative Code, which provides for the issuance of an abatement order when it is found that work is being performed in violation of the provisions of Section 24-146.

DEP is adopting these rules, as required by Section 24-146(f)(5)(iii), to establish a procedure for requesting a hearing to appeal a written abatement order as a new Chapter 45 of title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of title 15 of the Rules to add the hearing for appeal of written abatement orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

In addition, Chapter 32 is being amended to simplify complex legal references and to update obsolete references, including the repeal of subdivisions (f), (g) and (h) of 15 RCNY §32-01. Subdivision (f) is being repealed because the reference to noise sensitive zones in Administrative Code § 24-229(b) was repealed as part of the revision to the Noise Pollution Control Code by Local Law 113 of 2005. Subdivision (g) is being repealed because the reference to Environmental Ratings in Administrative Code § 24-154(b) was repealed as part of the revision to the Air Pollution Control Code by Local Law 38 of 2015. Subdivision (h) is being repealed because the reference to “approved noise consultants” incorrectly referenced the Air Pollution Code, and the process to appeal a revocation as a noise consultant is already set forth accurately in 15 RCNY § 32-01(b). Finally, this rule would allow parties in Department hearings to select the option of e-mail notification of the Department’s final determination.

The Rule is authorized by Section 1043 of the Charter and sections 24-105 and 24-146 of the Administrative Code.

Effective Date: 
Mon, 03/06/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 7, 2013
Proposed Rules Content: 

  

STATEMENT OF BASIS AND PURPOSE

 

Administrative Code §27-2091 was recently amended by Local Law #6 of 2013 to provide that the Department of Housing Preservation and Development (HPD) may issue an order requiring a building owner to correct underlying conditions in a building that have caused or are causing a violation of the Housing Maintenance Code or of other State and local laws that impose requirements on dwellings.

 

The legislation authorizes HPD to set the criteria used to select buildings for issuance of such orders to correct underlying conditions. The proposed rules target buildings that have recurring violations caused by infrastructure problems, where an owner repeatedly performs cosmetic repairs rather than addressing the underlying cause. The criteria proposed in this rule are intended to focus on buildings that have recurring water leak and mold violations where owners have failed to address the impaired building system that is causing those violations. HPD expects to identify and issue these orders to approximately 50 such buildings per year, giving priority to buildings based on the number and severity of violations. HPD will not issue orders to one- or two- family buildings or to certain buildings that are subject to other enforcement actions by HPD or that may be the subject of a loan from HPD.

 

Under the legislation, an owner has a four-month window from the date of issuance of the order to correct the underlying conditions and remove violations from HPD's records. Owners may request a two-month extension by submitting specific documentation identifying the underlying condition and showing that the required work will be completed within the extended time period.

 

The rules also specify the process for an owner to have a building removed from the program through submission of proof of infrastructure repair and dismissal of violations, leading to the rescission of HPD's order. The Department may also rescind an order if the building is subject to another enforcement action by HPD or is the subject of a loan from HPD, or if the repair work was completed by HPD.

 

 

Subject: 

Opportunity to comment on rules relating to the issuing of orders for repair of underlying conditions in buildings

Location: 
100 Gold Street, Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Grace DeFina
100 Gold Street, Room 4C1
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Administrative Code §27-2091 was recently amended by Local Law #6 of 2013 to provide that the Department of Housing Preservation and Development (HPD) may issue an order requiring a building owner to correct underlying conditions in a building that have caused or are causing a violation of the Housing Maintenance Code or of other State and local laws that impose requirements on dwellings.

 

The legislation authorizes HPD to set the criteria used to select buildings for issuance of such orders to correct underlying conditions. The rules target buildings that have recurring violations caused by infrastructure problems, where an owner repeatedly performs cosmetic repairs rather than addressing the underlying cause. The criteria in this rule are intended to focus on buildings that have recurring water teak and mold violations where owners have failed to address the impaired building system that is causing those violations. HPD expects to identify and issue these orders to approximately 50 such buildings per year, giving priority to buildings based on the number and severity of violations. HPD will not issue orders to one- or two- family buildings or to certain buildings that are subject to other enforcement actions by HPD or that may be the subject of a loan from HPD.

 

Under the legislation, an owner has a four-month window from the date of issuance of the order to correct the underlying conditions and remove violations from HPD's records. Owners may request a two-month extension by submitting specific documentation identifying the underlying condition and showing that the required work will be completed within the extended time period.

 

The rules also specify the process for an owner to have a building removed from the program through submission of proof of infrastructure repair and dismissal of violations, leading to the rescission of HPD's order. The Department may also rescind an order if the building is subject to another enforcement action by HPD or is the subject of a loan from HPD, or if the repair work was completed by HPD.

 

Effective Date: 
Sat, 06/22/2013