§ 6-29 Home Improvement Business Penalty Schedule.
RCNY § 6-29
All citations are to of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York. Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule. Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s). In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently. The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**). CitationViolation DescriptionFirst ViolationFirstDefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent Default CitationViolation DescriptionFirst ViolationFirstDefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultAdmin. Code§ 20-387Unlicensed solicitation or performance of home improvement contract$1,000, plus $100 per day$1,000, plus $100 per day$1,000, plus $100 per day$1,000, plus $100 per day$1,000, plus $100 per day$1,000, plus $100 per dayAdmin. Code§ 20-389Unauthorized assignment or transfer of license; improper posting of license.$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-392(a)(1)Fraud, misrepresentation, or bribery in securing a license$1,000 (plus revocation)**$1,000 (plus revocation)$1,000 (plus revocation)**$1,000 (plus revocation)$1,000 (plus revocation)**$1,000 (plus revocation)Admin. Code§ 20-392(a)(2)False statement regarding a material matter in license application$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-392(a)(3)Management personnel untrustworthy or not of good character$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-392(a)(4)Failure to timely perform or complete contracts, manipulation of assets or accounts, or fraud or bad faith in business transactions, or unwholesome method or practice of solicitation$1,000 (plus revocation)**$1,000 (plus revocation)$1,000 (plus revocation)**$1,000 (plus revocation)$1,000 (plus revocation)**$1,000 (plus revocation)Admin. Code§ 20-392(a)(5)Failure to display license properly$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-392(a)(6)Failure to comply with lawful demand or requirement of commissioner$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-392(a)(7)Act of omission, fraud, or misrepresentation by agent or employee approved or known by licensee$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-393Prohibited practices in operation of home improvement business$750 (plus revocation)**$1,000 (plus revocation)$900 (plus revocation)**$1,000 (plus revocation)$1,000 (plus revocation)**$1,000 (plus revocation)Admin. Code§ 20-394.1Failure to provide notice of right of owner to cancel home improvement contract.$500$1,000$750$1,000$1,000$1,000Admin. Code§ 20-395Failure to advise consumer of availability of estimate or failure to provide estimate on request$500$1,000$750$1,000$1,000$1,0006 RCNY§ 2-221Failure to meet requirements for content and cancellation of home improvement contract$500$1,000$750$1,000$1,000$1,0006 RCNY§ 2-222Prohibited advertising or selling practices$500$1,000$750$1,000$1,000$1,0006 RCNY§ 2-223Violation of duties and responsibilities of home improvement prime contractor$500$1,000$750$1,000$1,000$1,0006 RCNY§ 2-224Failure of participant in home improvement business trust fund to meet requirements of participation$500$1,000$750$1,000$1,000$1,0006 RCNY§ 2-225Failure to furnish required bond$500$1,000$750$1,000$1,000$1,000 (Added City Record 8/22/2016, eff. 8/22/2016)
