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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, September 24, 2014
Proposed Rules Content: 

Local Law Number 153 (LL 153) for the year 2013 amended various sections of the Administrative Code of the City of New York, including two sections in the Air Pollution Control Code (24-165 and 24-166) and one section in the Noise Control Code (24-227). The amendments to Sections 24-165, 24-166 and 24-227 made by LL 153 give respondents an opportunity to avoid paying a civil penalty for a first violation of these sections if they admit liability and provide a certification that demonstrates that they have cured the violation within a forty-five day time period.

 

LL 153 requires the Commissioner of the DEP to promulgate rules that prescribe the information and documentation needed for a respondent to certify that he or she has permanently corrected a violation issued under Section 24-165, 24-166 or 24-227. A certification of compliance is necessary for the Commissioner to recommend that no monetary penalty be imposed for a first violation of these sections.

Subject: 

.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 


Statement of Basis and Purpose of Rule

The City Council enacted Local Law 153 of 2013 to establish opportunities to cure first-time violations of specified laws and rules set forth in the City’s Administrative Code and the Rules of the City of New York rather than to impose fines for violations of those laws and rules. Section 16 of Local Law 153 requires the Department of Consumer Affairs (the Department) to promulgate rules establishing opportunities to cure the first violation of twenty-four described signage requirements set forth in Title 6 of the City’s Rules.  The rule establishes opportunities to cure first-time violations of the specified mandates described in section 16.   

The rule amends 6 RCNY § 6-31, entitled “Pre-Hearing Disposition of Violations,” by adding a new subsection “d.”  New subsection “d,” entitled “Opportunities to Cure,” implements the mandate of section 16 of Local Law 153.  It creates the opportunity for a business that receives, for the first-time, a violation of one of twenty-four specified “signage mandates” to avoid a civil penalty by providing satisfactory proof that the violation has been cured. 

A first-time violator seeking to avoid the civil penalty must submit proof that he or she cured the violation within thirty days of receiving a notice of violation and before the commencement of the adjudication of the violation.  The rule requires the business to submit a self-certification on a form approved by the Department stating the manner of the cure and the date on which it occurred.  The Department may seek additional information reasonably necessary to prove that the violation was cured within thirty days.  A submission of proof of a cure by a business will constitute its admission of liability for all purposes. 

Under the rule, a business may submit proof of the cure in person, by mail or electronically.  The Department will offer the opportunity to cure as part of every offer of settlement made by the Department to a person who has received, for the first time, a notice of violation of a specified signage mandate.

The rule requires the Department to notify a business when the proof of cure it has submitted is not satisfactory.  A business may seek review by the Department’s administrative tribunal of a determination that the proof is not satisfactory within fifteen days of receiving written notice that the proof is not satisfactory. 

Paragraph 6 of new subsection “d” sets forth the specific signage mandates in Title 6 of the Rules of the City of New York for which opportunities to cure first time violations will be available.  They are as follows:  

  • 6 RCNY § 1-03(a), requiring the posting of a sign stating that individuals may complain to the Department about a licensed business;
  • 6 RCNY § 1-03(b), requiring sidewalk cafes to post a sign stating the maximum number of tables and chairs licensed for such sidewalk café;
  • 6 RCNY § 2-24, requiring amusement arcades and gaming cafes to post a sign describing age restrictions during certain hours of operation;
  • 6 RCNY § 2-57(f), prohibiting sidewalk cafes from posting signage or advertising except for a  sign affixed to the valance of an awning with the name of the establishment in lettering not exceeding eight (8) inches in height on a twelve (12) inch valance in a single horizontal line;
  • 6 RCNY § 2-131(s)(4), requiring laundries to distinguish in their advertising between services offered at different prices;
  • 6 RCNY § 2-131(u), requiring an automatic or coin-operated laundry to post a sign on non-functioning machines;
  • 6 RCNY § 2-131(v)(1), requiring a laundry to post a notice that complaints and claims for refunds may be made to a certain person or person;
  • 6 RCNY § 2-131(v)(5), requiring that the information in the sign required by 6 RCNY § 131(v) be in both English and Spanish;
  • 6 RCNY § 2-161(g)(1), requiring that parking lots and garages have separate entrances and exits, with the main entrance clearly designated with illuminated signs marked “entrance” and “exit”;
  • 6 RCNY § 2-161(g)(2)(v), requiring that parking lot and garage auxiliary signs contain equally sized letters and numbers;
  • 6 RCNY § 2-161(g)(2)(vi), requiring that parking lots and garages post a sign stating:
    • (a) the business hours;
    • (b) the licensed capacity;
    • (c) the minimum number of bicycle parking spaces;
  • 6 RCNY § 2-161(g)(3)(i), requiring that the parking garage and lot sign required by 6 RCNY § 2-161(g)(2) is illuminated, clearly visible and readable;
  • 6 RCNY § 2-161(h)(1), requiring the posting of a sign that the garage is at full capacity for car parking;
  • 6 RCNY § 2-161(h)(2), requiring the posting of a sign that the garage is at full capacity for bicycle parking;
  • 6 RCNY § 2-161(u), requiring that parking lots and garages with waivers under section 20-327.1 of subchapter 17 of Chapter 2 of Title 20 of the Administrative Code of the City of New York post a sign that bicycle parking is not required by law;
  • 6 RCNY § 2-211(h), requiring a sightseeing bus post a sign on the windshield and near the entrance door of such bus that designates the departure time and destination of such bus;
  • 6 RCNY § 2-253(a)(3) and (4), requiring that electronic or home appliance service dealers post a notice in the department or area where electronic and home appliances are accepted for repair stating that customers are entitled to written estimates for repairs and other customer rights, and that the regulations of the Department relating to television, radio and audio servicing are available for review from the service dealer upon request;
  • 6 RCNY § 2-275(c), requiring dealers of products for the disabled to post a sign summarizing provisions of the New York City Products for the Disabled Law;
  • 6 RCNY § 3-12, requiring labeling declarations required by subchapter A of Chapter 3 of Title 6 of the Rules of the City of New York to be written in the English language;
  • 6 RCNY § 3-24(f)(2), requiring stores with weighing and measuring devices for customer use to post a sign informing customer that they may reweigh products using such weighing or measuring device or devices;
  • 6 RCNY § 5-24, requiring that a business that accepts credit cards post a list of limitations that such business puts on credit card usage at or near the entrance of the business and in all advertising indicating that credit cards are accepted;
  • 6 RCNY § 5-37, requiring the posting of refund policies;
  • 6 RCNY § 5-40(e), prohibiting a sign stating that a business is not liable for its negligence if such a statement is invalid under law;
  • 6 RCNY § 5-46(d), requiring a motor vehicle rental business to post a sign not less than twelve (12) inches by eighteen (18) inches in dimension with lettering not less than one (1) inch high providing information about how to complain to the Department and setting forth consumers’ rights under the Consumer Protection Law;;
  • 6 RCNY § 5-66(c), requiring that tax preparers post a sign:
    • (a) stating his or her name, address, telephone number and qualifications;
    • (b) stating that the preparer and taxpayer must sign every tax return;
    • (c) stating how his or her fees are calculated;
    • (d) stating that he or she or his or her agency will not represent the taxpayer in an audit, if true; and
    • (e) stating that he or she is not licensed by the state board of public accounting or the New York state bar, or both, if true; and
  • 6 RCNY § 5-195, requiring signage at businesses that sell beverages for off-premises consumption in beverage containers that are covered by title ten of article twenty-seven of the Environmental Conservation Law of the State of New York to be placed with a certain distance of cash registers or to be visible to consumers from any specific vantage point.

The Department of Consumer Affairs’s authority for these rules is found in section 2203 of the New York City Charter and sections 20-104(b) of the New York City Administrative Code.

Effective Date: 
Fri, 07/11/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 25, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

The City Council enacted Local Law 153 of 2013 to establish opportunities to cure first-time violations of specified laws and rules set forth in the City’s Administrative Code and the Rules of the City of New York rather than to impose fines for violations of those laws and rules. Section 16 of Local Law 153 requires the Department of Consumer Affairs (the Department) to promulgate rules establishing opportunities to cure the first violation of twenty-four described signage requirements set forth in Title 6 of the City’s Rules.  The proposed rule establishes opportunities to cure first-time violations of the specified mandates described in section 16.   

The proposed rule amends 6 RCNY § 6-31, entitled “Pre-Hearing Disposition of Violations,” by adding a new subsection “d.”  New subsection “d,” entitled “Opportunities to Cure,” implements the mandate of section 16 of Local Law 153.  It creates the opportunity for a business that receives, for the first-time, a violation of one of twenty-four specified “signage mandates” to avoid a civil penalty by providing satisfactory proof that the violation has been cured. 

A first-time violator seeking to avoid the civil penalty must submit proof that he or she cured the violation within thirty days of receiving a notice of violation and before the commencement of the adjudication of the violation.  The rule requires the business to submit a self-certification on a form approved by the Department stating the manner of the cure and the date on which it occurred.  The Department may seek additional information reasonably necessary to prove that the violation was cured within thirty days.  A submission of proof of a cure by a business will constitute its admission of liability for all purposes. 

Under the proposed rule, a business may submit proof of the cure in person, by mail or electronically.  The Department will offer the opportunity to cure as part of every offer of settlement made by the Department to a person who has received, for the first time, a notice of violation of a specified signage mandate.

The proposed rule requires the Department to notify a business when the proof of cure it has submitted is not satisfactory.  A business may seek review by the Department’s administrative tribunal of a determination that the proof is not satisfactory within fifteen days of receiving written notice that the proof is not satisfactory. 

Paragraph 6 of new subsection “d” sets forth the specific signage mandates in Title 6 of the Rules of the City of New York for which opportunities to cure first time violations will be available.  They are as follows:

  • 6 RCNY § 1-03(a), requiring the posting of a sign stating that individuals may complain to the Department about a licensed business;
  • 6 RCNY § 1-03(b), requiring sidewalk cafes to post a sign stating the maximum number of tables and chairs licensed for such sidewalk café;
  • 6 RCNY § 2-24, requiring amusement arcades and gaming cafes to post a sign describing age restrictions during certain hours of operation;
  • 6 RCNY § 2-57(f), prohibiting sidewalk cafes from posting signage or advertising except for a  sign affixed to the valance of an awning with the name of the establishment in lettering not exceeding eight (8) inches in height on a twelve (12) inch valance in a single horizontal line;
  • 6 RCNY § 2-131(s)(4), requiring laundries to distinguish in their advertising between services offered at different prices;
  • 6 RCNY § 2-131(u), requiring an automatic or coin-operated laundry to post a sign on non-functioning machines;
  • 6 RCNY § 2-131(v)(1), requiring a laundry to post a notice that complaints and claims for refunds may be made to a certain person or person;
  • 6 RCNY § 2-131(v)(5), requiring that the information in the sign required by 6 RCNY § 131(v) be in both English and Spanish;
  • 6 RCNY § 2-161(g)(1), requiring that parking lots and garages have separate entrances and exits, with the main entrance clearly designated with illuminated signs marked “entrance” and “exit”;
  • 6 RCNY § 2-161(g)(2)(v), requiring that parking lot and garage auxiliary signs contain equally sized letters and numbers;
  • 6 RCNY § 2-161(g)(2)(vi), requiring that parking lots and garages post a sign stating:

(a) the business hours;
(b) the licensed capacity;
(c) the minimum number of bicycle parking spaces;

  • 6 RCNY § 2-161(g)(3)(i), requiring that the parking garage and lot sign required by 6 RCNY § 2-161(g)(2) is illuminated, clearly visible and readable;
  • 6 RCNY § 2-161(h)(1), requiring the posting of a sign that the garage is at full capacity for car parking;
  • 6 RCNY § 2-161(h)(2), requiring the posting of a sign that the garage is at full capacity for bicycle parking;
  • 6 RCNY § 2-161(u), requiring that parking lots and garages with waivers under section 20-327.1 of subchapter 17 of Chapter 2 of Title 20 of the Administrative Code of the City of New York post a sign that bicycle parking is not required by law;
  • 6 RCNY § 2-211(h), requiring a sightseeing bus post a sign on the windshield and near the entrance door of such bus that designates the departure time and destination of such bus;
  • 6 RCNY § 2-253(a)(3) and (4), requiring that electronic or home appliance service dealers post a notice in the department or area where electronic and home appliances are accepted for repair stating that customers are entitled to written estimates for repairs and other customer rights, and that the regulations of the Department relating to television, radio and audio servicing are available for review from the service dealer upon request;
  • 6 RCNY § 2-275(c), requiring dealers of products for the disabled to post a sign summarizing provisions of the New York City Products for the Disabled Law;
  • 6 RCNY § 3-12, requiring labeling declarations required by subchapter A of Chapter 3 of Title 6 of the Rules of the City of New York to be written in the English language;
  • 6 RCNY § 3-24(f)(2), requiring stores with weighing and measuring devices for customer use to post a sign informing customer that they may reweigh products using such weighing or measuring device or devices;
  • 6 RCNY § 5-24, requiring that a business that accepts credit cards post a list of limitations that such business puts on credit card usage at or near the entrance of the business and in all advertising indicating that credit cards are accepted;
  • 6 RCNY § 5-37, requiring the posting of refund policies;
  • 6 RCNY § 5-40(e), prohibiting a sign stating that a business is not liable for its negligence if such a statement is invalid under law;
  • 6 RCNY § 5-46(d), requiring a motor vehicle rental business to post a sign not less than twelve (12) inches by eighteen (18) inches in dimension with lettering not less than one (1) inch high providing information about how to complain to the Department and setting forth consumers’ rights under the Consumer Protection Law;
  • 6 RCNY § 5-66(c), requiring that tax preparers post a sign:

(a) stating his or her name, address, telephone number and qualifications;
(b) stating that the preparer and taxpayer must sign every tax return;
(c) stating how his or her fees are calculated;
(d) stating that he or she or his or her agency will not represent the taxpayer in an audit, if true; and
(e) stating that he or she is not licensed by the state board of public accounting or the New York state bar, or both, if true; and

  • 6 RCNY § 5-195, requiring signage at businesses that sell beverages for off-premises consumption in beverage containers that are covered by title ten of article twenty-seven of the Environmental Conservation Law of the State of New York to be placed with a certain distance of cash registers or to be visible to consumers from any specific vantage point.

The Department of Consumer Affairs’ authority for these rules is found in section 2203 of the New York City Charter and sections 20-104(b) of the New York City Administrative Code.

 

Subject: 

Cure period for signage violations

Location: 
Department of Consumer Affairs Hearing Room
66 John St 11th Floor
New York, NY 10038
Contact: 

N/A

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Commissioner of the New York City Department of Sanitation is authorized to adopt rules relating to the cleanliness of the streets and the disposal of waste pursuant to section 753 of the New York City Charter.  Pursuant to §§ 16-119 (e) of the New York City Administrative Code, the Commissioner is authorized to promulgate rules governing the impoundment and release of vehicles.

The purpose of the rule amendment is to expand the Department’s existing rules governing impoundment procedures to cover other applicable violations under Title 16 of the New York Administrative Code beyond impoundments performed pursuant to § 16-119 of the Code.  Since the initial rules regarding the impoundment of vehicles for violations of the illegal dumping law were originally promulgated, the number of laws that authorize the Department to impound vehicles has increased.  This rule amendment will update the Department’s rules to address additional circumstances in which the Department is authorized to impound vehicles.

Effective Date: 
Wed, 01/29/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 10, 2014
Proposed Rules Content: 

  

STATEMENT OF BASIS AND PURPOSE

 

 Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the proposed rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the proposed rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Subject: 

.Civil Penalties for Certain Violations

Location: 
Auditorium
125 Worth Street 2nd floor
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 21, 2013
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

New York State has adopted Vehicle and Traffic Law (VTL) Section 1180-b, effective August 30, 2013, which authorizes the City to establish a demonstration program implementing photo speed violation monitoring systems to record maximum speed limit violations in school speed zones. Subdivision (e) of VTL Section 1180-b authorizes the Parking Violations Bureau (PVB), a division of the New York City Department of Finance (DOF), to promulgate a schedule of fines and penalties for such violations. Subdivision (g) establishes requirements for the notice of liability.  Subdivision (h) authorizes the PVB to adjudicate violations under Section 1180-b. 

 

Speeding violations are often a significant factor in accidents which result in death or injury. Under VTL Section 1180-b, vehicle operators who exceed the speed limit in school zones and who are recorded by a photo speed violation monitoring system will receive a summons for the violation. VTL Section 1180-b enables the City to use technology to improve the safety and quality of life of motorists and pedestrians by reducing speeding in school zones. 

 

The New York City Department of Transportation (DOT) will implement the demonstration program.  DOT will maintain the photo speed violation monitoring systems, send notices of liability to motorists, and transmit information relating to violations to DOF.  The proposed amendment establishes penalties for such violations, provides requirements for the notice of liability, and authorizes the PVB to adjudicate allegations of liability.

 

DOF’s authority for the proposed rule is found in sections 389(b) and 1043 of the
New York City Charter and section 1180-b of the Vehicle and Traffic Law.

 

Subject: 

Proposed Amendment to Rules Relating to Photo Speed Violation Monitoring Systems

Location: 
DOF Hearing Room, 3rd Floor
345 Adams St.
Brooklyn, NY 11201
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 8, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Commissioner of the New York City Department of Sanitation is authorized to adopt rules relating to the cleanliness of the streets and the disposal of waste pursuant to section 753 of the New York City Charter. Pursuant to §§ 16-119 (e) and (g) of the New York City Administrative Code, the Commissioner is authorized to promulgate rules governing the impoundment and release of vehicles.

 

The purpose of the proposed rule amendment is to expand the Department's existing rules governing impoundment procedures to cover other applicable violations under Title 16 of the New York Administrative Code beyond impoundments performed pursuant to § 16-119 of the Code. Since the initial rules regarding the impoundment of vehicles for violations of the illegal dumping law were originally promulgated, the number of laws that authorize the Department to impound vehicles has increased. This rule amendment will update the Department's rules to address additional circumstances in which the Department is authorized to impound vehicles.

 

 

Subject: 

Opportunity to comment on the proposed amendments to the rule governing the impoundment of motor vehicles by the department.

Location: 
125 Worth Street, Room 819
New York, NY 10013
Contact: 

Ellen Cooper, Associate Counsel
Bureau of Legal Affairs
New York City Department of Sanitation
125 Worth Street, Room 710
New York, New York 10013
ecooper@dsny.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, December 21, 2012
Proposed Rules Content: 

  

 

STATEMENT OF BASIS AND PURPOSE

 

 

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies distressed buildings in need of repair and systems replacement, and monitors progress by owners towards correction of Housing Maintenance Code violations, or undertakes correction of the violations itself. The New York City Council recently amended Administrative Code §27-2153 to authorize HPD to set the criteria used to select buildings for the program. As a result, HPD is amending the AEP rules to include these new criteria. The selection of the criteria is based upon five years of experience in enforcing the AEP. The new criteria are intended to better target buildings likely to benefit from inclusion in the AEP, use agency resources more effectively to improve the positive outcome for these buildings, increase the cost effectiveness of the AEP, and prevent buildings from reentering the program at a later date. An analysis of the effect of selection criteria on the inventory of buildings entering the program is set forth in HPD's report entitled, ''The Alternative Enforcement Program: 5 Year Report: 2007-2012," available on HPD's website. New criteria will be used for identifying buildings for participation in the program beginning January 31, 2013.

 

 

 

Subject: 

Opportunity to comment on amendments to rules relating to the Alternative Enforcement Program

Location: 
100 Gold Street, Room 5R2
New York, NY 10038
Contact: 

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

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies distressed buildings in need of repair and systems replacement, and monitors the progress by owners towards correction of Housing Maintenance Code violations, or undertakes correction on the violations itself. The New York City Council recently amended Administrative Code §27-2153 to authorize HPD to set the criteria used to select buildings for the program. As a result HPD is amending the AEP rules to include these new criteria. The selection of the criteria is based upon five years of experience in enforcing the AEP. The new criteria is intended to better target buildings likely to benefit from inclusion in the AEP, use agency resources more effectively to improve the positive outcome for these buildings, increase the cost effectiveness of the AEP, and prevent buildings from reentering the program at a later date. An analysis of the effect of selection criteria on the inventory of building entering the program is set forth in HPD’s report entitled, “The Alternative Enforcement program: 5 Year Report 2007-2012,” available on HPD’s website. New criteria will be used for identifying buildings for participation in the program beginning January 31, 2013.

 

Effective Date: 
Sun, 01/27/2013

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