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What is NYC RCNY § 4-22?

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(a) Definitions. For the purposes of this section, the following terms have the following meanings: Administrative Code.

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Effective: 11/22/2024

§ 4-22 Trade-in Program for Powered Mobility Devices.

RCNY § 4-22

(a)Definitions. For the purposes of this section, the following terms have the following meanings: Administrative Code. The term “Administrative Code” means the Administrative Code of the City of New York. Applicant. The term “applicant” means a natural person applying to receive a powered mobility device at no cost from the City of New York. Eligible device. The term “eligible device” means a powered mobility device that does not meet the requirements for sale contained in § 20-610 of the Administrative Code, a motorized scooter as defined in subdivision a of § 19-176.2 of the Administrative Code, or a limited use motorcycle as defined in § 121-b of the New York state vehicle and traffic law. Food delivery worker. The term “food delivery worker” has the meaning ascribed to such term by § 20-1501 of the Administrative Code. Food service establishment. The term “food service establishment” has the meaning ascribed to such term by § 20-1501 of the Administrative Code. Operable condition. The term “operable condition” means a powered mobility device, motorized scooter, or limited use motorcycle that performs its intended function. Powered bicycle. The term “powered bicycle” means a class one bicycle with electric assist or a class two bicycle with electric assist, as such terms are defined in § 102-c of the New York state vehicle and traffic law. Powered mobility device. The term “powered mobility device” means a powered bicycle or an electric scooter as defined in § 114-e of the New York state vehicle and traffic law. Third-party courier service. The term “third-party courier service” has the meaning ascribed to such term by § 20-1501 of the Administrative Code. Third-party food delivery service. The term “third-party food delivery service” has the meaning ascribed to such term by § 20-1501 of the Administrative Code. Trade-in device. The term “trade-in device” means a powered mobility device that meets the requirements for sale contained in § 20-610 of the Administrative Code. Trade-in event. The term “trade-in event” means a specific date, time and location where an applicant delivers an eligible device in exchange for a trade-in device. Trade-in program. The term “trade-in program” means an initiative whereby eligible applicants receive up to one trade-in device from the City of New York at no cost in exchange for an eligible device.

(b)Eligibility. An applicant must: (1) Earn at least $1,500, over the 12 months preceding the application submission period, as a food delivery worker at: i. a food service establishment; ii. a third-party food delivery service; or iii. a third-party courier service.

(2)Own an eligible device that is in operable condition; (3) Be at least 18 years of age; and (4) Reside in New York City.

(c)Application process. An applicant must submit the following information on forms prescribed by the Department: (1) Applicant’s name, address, date of birth, telephone number, and email address; (2) Name(s) of the food service establishment, third-party food delivery service, or third-party courier service where the applicant currently works or has activel worked as a food delivery worker within the 12 months preceding the application submission period; (3) A statement agreeing to abide by the terms and conditions of the trade-in program; and (4) Any other information as specified in the application.

(d)Acceptable forms of proof. An applicant must submit proof of the following information: (1) Applicant’s name and date of birth, by providing to the Department a copy of one of the following unexpired documents: i. IDNYC card; ii. Passport; iii. NYS Benefit ID; or iv. U.S. government-issued ID.

(3)Employment and earnings during the 12 months preceding the application submission period by providing to the Department a copy of one of the following: i. Tax returns including a W-2, 1099-NEC, or 1040 form from a food service establishment, a third-party food delivery service, or a third-party courier service; ii. Bank statements showing direct deposits from a food service establishment, a third-party food delivery service, or a third-party courier service; iii. Pay stubs from a food service establishment, a third-party food delivery service, or a third-party courier service; iv. A letter from the employer confirming employment and earnings; or v. Any other document(s) approved by the Department.

(4)Eligible device by providing to the Department all of the following: i. Photos showing the front, side/profile, and back of the eligible device; ii. Photos of the eligible device’s battery; and iii. Photos of the eligible device’s spare or extra battery, if applicable.

(5)Proof of ownership by providing to the Department an attestation of ownership of the eligible device in a form prescribed by the Department.

(e)Conditions of trade-in program participation. In exchange for a trade-in device, an applicant must: (1) Indemnify the City of New York against legal liabilities associated with the receipt, operation, or use of the trade-in device; (2) Comply with all applicable laws, rules, and regulations related to the operation of the trade-in device, including but not limited to § 10-157 of the Administrative Code; (3) Not resell the trade-in device for a period of one year after receipt of such device; (4) Complete a semiannual survey about the trade-in device and trade-in program by the Department; (5) Deliver the eligible device to the Department at a trade-in event for disposal; (6) If applicable, deliver all batteries used with the eligible device; (7) Demonstrate the eligible device is in operable condition; (8) Not modify the trade-in device in any way; (9) Service the trade-in device safely at a repair shop; and (10) Complete a safety training course.

(f)Submission period. An applicant must submit the application within a time period prescribed by the Department on its website.

(g)Assignment of trade-in devices. At the conclusion of the submission period, the Department will review all applications and notify eligible applicants of the trade-in events. In the event that there are more eligible applicants than available trade-in devices, the Department will conduct a lottery to determine which eligible applicants will receive trade-in devices. Eligible applicants not selected for trade-in will be placed in a waitlist in numerical order. If a selected applicant does not attend their trade-in appointment or becomes ineligible, their trade-in opportunity will be assigned to the next eligible applicant on the waitlist.

(h)Material misrepresentations, misstatements and omissions. The Department may deny an application if the application is found to contain material misrepresentations, misstatements, or omissions. (Added City Record 10/23/2024, eff. 11/22/2024)

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