Amendment of Consumer Affairs Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Saturday, May 26, 2018
Agency:
Keywords:

Statement of Basis and Purpose of Rules

 

Local Law 153 of 2013 provides an opportunity to cure first-time violations of certain rules regarding signage. Pursuant to Local Law 153, curing a violation means that a business must admit to the violation, but will not have to pay a penalty if the violation is corrected and proof of the correction (i.e., cure) is submitted to the Department within 30 days of the issuance of the notice of violation (e.g., summons) and before the violation is adjudicated. Consistent with these requirements, the Department amends Section 6-03(b)(5) of Subchapter A, Chapter 6, of Title 6 of the Rules of the City of New York (RCNY or Rules) to make violations of the following rules curable, specifically:

  •   6 RCNY Section 5-265, which requires the posting of signs about tenant screening reports pursuant to Section 20-809 of the NYC Administrative Code (Code).
  • 6 RCNY Section 2-57(i), which requires sidewalk cafés to post the sign described in 6 RCNY Section 1-03. The addition of 6 RCNY Section 2-57(i) also results from the retrospective rules review conducted by the Law Department, the Mayor’s Office of Operations, and the Mayor’s Office of Management and Budget, in partnership with the City’s rulemaking agencies. The review considered the City’s existing rules and identified those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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.

 

DCA also amends Subchapter B (Penalties), Chapter 6, of Title 6 of the Rules as follows:

  •  Consistent with the amendment discussed above: 1) amend Section 6-15, Sidewalk Café Penalty Schedule, to make first violations of 6 RCNY Section 2-57(i) curable; and 2) amend Section 6-57, Tenant Screening Report Disclosure Penalty Schedule, to make first violations of 6 RCNY Section 5-265 curable.
  • Consistent with the requirements of Local Law 5 of 2017, amend Section 6-48, Truth in Pricing Law: 1) to make first violations of Code Section 20-708.1(b) curable; and 2) to amend the applicable period related to second and subsequent violations of Code Section 20-708.1(b) and Section 20-708.1(e).
  • Provide additional guidance to respondents who want to settle violations before appearing at OATH by: 1) amending Section 6-47, Consumer Protection Law Penalty Schedule, to add fixed penalties for violations of 6 RCNY Section 5-41, which prohibits the collection of sales tax on certain goods and services; and 2) adding Section 6-67 to provide fixed penalties for violations of the laws and rules related to car washes.