penalties Subscribe to RSS - penalties

Adopted Rules: Closed to Comments

Adopted Rules Content: 

This rule amendment increases the monetary penalties for failure to file income and expense statements set forth in Chapter 33 of Title 19 of the Rules of the City of New York by establishing a higher penalty amount for owners of income-producing property who fail to file a required income and expense statement for three consecutive years .

Effective Date: 
Fri, 07/12/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

DEP is adopting a new Chapter 59 to amend Title 15 of the Rules of the City of New York (RCNY) to establish a penalty schedule for violations of sections 24-601 et seq. of the Administrative Code. This final rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-610(c) and 24-611 of the Administrative Code.

The current Hazardous Substances Emergency Response Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-111, will be repealed by OATH on the same day that this final rule takes effect.

The penalty schedule is being moved from OATH Environmental Control Board (ECB) to DEP’s rules. Although OATH ECB is empowered to impose penalties under the New York City Charter, and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents.

Moving the penalty schedule to DEP’s rules will also make it easier for the public to find the penalties.

Finally, the rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The repeal of 48 RCNY § 3-111 was identified as meeting the criteria for this initiative.

A public hearing regarding the final rule was held on September 11, 2019. No public comments were received regarding the rule.

The final rule is authorized by section 1043 of the Charter of the City of New York and sections 24-610(c) and 24-611 of the Administrative Code.

Effective Date: 
Fri, 11/29/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 6, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York and to establish in the Air Code Penalty Schedule new penalties for two separate violations of Chapter 1 of Title 24 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Administrative Code section 24-154 requires mold assessment licensees and mold remediation licensees to file notifications of mold remediation projects with an agency designated by the Mayor. Subdivision (d) of Section 24-154 authorizes that designated agency to establish penalties for failing to file such notifications. On March 25, 2019, the Office of the Mayor designated DEP as such agency.

DEP proposes to establish the following penalties: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, penalties of $2400.

DEP is also amending the Air Code Penalty Schedule to establish penalties for building owners or other responsible parties who fail to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant. Section 24-108 of the Administrative Code requires a building owner or responsible party to allow the DEP to take such samples. Section 24-178 of the Administrative Code allows DEP to impose penalties for failures to comply with section 24-108.

DEP proposes to establish the following penalties: for a first violation, a penalty of $200; for a second violation, a penalty of $400; and for a third violation and all subsequent violations, penalties of $600.

This rule amendment exclusively establishes the amount of fees for such violations. Consequently, pursuant to item (iii) of paragraph (4) of subdivision (d) of section 1043 of the New York City Charter, this rule amendment is exempt from the procedure set forth in subdivision (d) therein.

Subject: 

Air Code Penalty amendments for failures to notify DEP of mold remediation projects and failures to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant.

Location: 
NYC Department of Environmental Protection
59-17 Junction Boulevard 19th Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 9, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE
Section 19-203(b) of the Administrative Code of the City of New York authorizes DOF to provide for penalties for parking violations. VTL section 1111-c authorizes the City of New York to establish a bus lane restriction program in which the fines and penalties for such violations are set by DOF. DOF’s rule in 19 RCNY section 39-18 (“Rule 39-18”) codifies all fines and penalties pertaining to bus lane restriction violations as set forth in the VTL.

Subject: 

.Amended Penalties for Driving in a Restricted Bus Lane

Location: 
NYC Department of Finance, Legal Affairs Division
375 Pearl Street, 30th Floor, Room 30D
New York, NY 10038
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 loewenbergerj@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 375 Pearl Street, 30th Floor, Room 30D, New York, NY 10038, Attn: Jeremy Loewenberger. Also you can fax comments to NYC Department of Finance, Attn: Jeremy Loewenberger, at (718) 488-2491.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 26, 2019
Proposed Rules Content: 

Statement of Basis and Purpose 

The proposed rule updates the DOB Penalty Schedule in order to reflect amendments to Administrative Code § 28-203.1 made in Local Law 203 of 2017, which enacted minimum penalties for immediately hazardous violations and major violations of Article 110 of Chapter 28 of the Administrative Code or Chapter 33 of the New York City Building Code.  The proposed rule also corrects typographical errors relating to citations to Administrative Code § 28-217.1.6 and Building Code § 3012.1. Finally, the rule adds one immediately hazardous violation relating to Administrative Code § 28-401.16, which sets forth restrictions on the use of licenses issued by DOB. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter and Section 28-201.2 of the Administrative Code of the City of New York.

New material is underlined.

[Deleted material is in brackets.]



Subject: 

.

Location: 
Department of Buildings
280 Broadway, 5th floor conference room
New York , NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) pursuant to New York City Charter section 1049(4)(g) that OATH amends the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation. 

The proposed rule was published in The City Record on November 1, 2018. OATH did not hold a public hearing on the proposed rule pursuant to New York City Charter section 1043(e)(iii) on the grounds that a public hearing would serve no public purpose. OATH has no discretion over the new monetary penalties set forth in Administrative Code section 16-118(9), which are replicated in this rule. OATH did not receive any written comments.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (OATH) amends the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York (RCNY) to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York (Administrative Code) for second and third violations of Administrative Code section 16-118(1) (littering, sweep-out, throw-out, and spitting), as amended by Local Law 131 of 2018.

Section 7-02(a) includes a table of violations eligible for community service, the monetary civil penalty, and the corresponding community service hour requirement. Effective November 26, 2018, Local Law 131 of 2018 amends section 16-118(9) to remove the penalty ranges for second and third violations of section 16-118(1) and sets a fixed penalty of $300 for a second violation, and $400 for a third violation of that provision. This amendment reflects the increase in these penalties.   

The amendments also correct an error in the citation to 56 RCNY section 1-04(i), related to unleashed/uncontrolled animals in the park. 

Pursuant to city charter section 1043(d)(4)(ii), this rule is exempt from the certification requirements of section 1043(d).

New material is underlined.

[Deleted material is in brackets.]

Section 1.  The following rows in the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York are amended to read as follows:

Citation in Summons

Description in Summons

Citation Monetary Penalty

Community Service Hour Requirement

Admin. Code § 16-118(1)(a), (b)

Littering, Sweep-out, throw-out, spitting

1st - $75

2nd - $[250] 300

3rd - $[350] 400

1st - 1

2nd - 2

3rd - 3

 

 

 

 

56 RCNY § 1-04( [1]i)

Unleashed/uncontrolled animals in park

$100

1

 

 

 

 

56 RCNY § 1-04([1] i)

Unleashed/uncontrolled animals in park – second or subsequent violation within one year

$250

2

 

 

Effective Date: 
Sun, 02/17/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Saturday, December 1, 2018
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes amending the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation. 

When and where is the Hearing? OATH will not hold a public hearing on this proposed rule pursuant to New York City Charter section 1043(e)(iii) on the grounds that a public hearing would serve no public purpose. OATH has no discretion over the new monetary penalties set forth in Administrative Code section 16-118(9), which are replicated in this proposed rule.

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

 

 

  •          Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  •          Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on December 1, 2018.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. Copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH to make this rule? Section1049(4)(g) of the New York City Charter (city charter) authorizes OATH to make this proposed rule. This proposed rule was not included in OATH’s regulatory agenda for this Fiscal Year because it was not anticipated at the time OATH published its regulatory agenda.

Where can I find OATH’s rules? OATH’s rules are in title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH must meet the requirements of Section 1043(b) of the city charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(4)(g) of the city charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes amending the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York (RCNY) to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York (Administrative Code) for second and third violations of Administrative Code section 16-118(1) (littering, sweep-out, throw-out, and spitting), as amended by Local Law 131 of 2018.

Section 7-02(a) includes a table of violations eligible for community service, the monetary civil penalty, and the corresponding community service hour requirement. Effective November 28, 2018, Local Law 131 of 2018 amends section 16-118(9) to remove the penalty ranges for second and third violations of section 16-118(1) and sets a fixed penalty of $300 for a second violation, and $400 for a third violation of that provision. This proposed amendment reflects the increase in these penalties. 

The proposed amendments also correct an error in the citation to 56 RCNY section 1-04(i), related to unleashed/uncontrolled animals in the park. 

Pursuant to city charter section 1043(d)(4)(ii), this proposed rule is exempt from the certification requirements of section 1043(d).

Subject: 

.

Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The rule amends 1 RCNY §102-01 by adding approximately twenty-one new infractions and updating several others.  The new violations relate to: 

  • ·         Illegal residential conversions;
  • ·         Monitoring occupied multiple dwellings with permits for alteration or addition;
  • ·         Inspections of tenant protection plans
  • ·         Pre-shift safety meetings for workers at construction sites;
  • ·         Site-specific safety orientations for workers at construction sites
  • ·         Construction site safety training 

The Department of Buildings’ authority for these rules is found in Section 643 and 1043(a) of the New York City Charter and section 28-201.2 of the Administrative Code of the City of New York. 

This rule is exempt from review under Charter Section 1043(d), pursuant to Section 1043(d)(4). 

New material is underlined.

[Deleted material is in brackets.]

 

Effective Date: 
Sat, 11/10/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Mayor’s Office of Special Enforcement

NOTICE OF ADOPTION OF FINAL RULES GOVERNING UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Mayor’s Office of Special Enforcement (“MOSE”) by Section 1043 of the New York City Charter and chapter 396 of the Laws of 2016 (section 27-287.1 of the Administrative Code of the City of New York) MOSE adopts the following rules governing unlawful advertisement for certain occupancies.  OSE published a Notice of Opportunity to Comment on the proposed rules in the City Record on November 18, 2016.  On December 19, 2016, OSE held a public hearing on the proposed rules.


Statement of Basis and Purpose of Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code).  Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio.  The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations.  Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board within the Office of Administrative Trials and Hearings.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Effective Date: 
Mon, 01/30/2017

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

Agency:
Comment By: 
Monday, December 19, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code). Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio. The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this proposed rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations. Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Subject: 

Prohibited Advertising of Certain Dwelling Units

Location: 
Spector Hall on the ground level
22 Reade Street
New York, NY 10007

Pages