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What is NYC AC § 17-1409?

Quick Answer

This section outlines the enforcement mechanisms and penalties for violations of specified sections related to carpet installation. The Department and the Department of Consumer and Worker Protection are responsible for enforcement. Applies to individuals and businesses involved in carpet installation and related activities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-1409 Enforcement and penalties.

AC § 17-1409

The provisions of this chapter shall be enforced by the department and the department of consumer and worker protection. Any person found to be in violation of section 17-1402 or 17-1403 of this chapter or rules of the department promulgated pursuant thereto shall be liable for a civil penalty of not more than five hundred dollars for each violation. Any person found to be in violation of section 17-1405 or 17-1407 of this chapter or rules of the department promulgated pursuant thereto shall be liable for a civil penalty of not more than two hundred fifty dollars for each violation. Such civil penalties may be recovered in proceedings before the environmental control board or any tribunal established within the office of administrative trials and hearings or in an action in any court of appropriate jurisdiction. Notices of violation returnable to such board or tribunal may be served by officers and employees of the department and the department of consumer and worker protection. In any proceeding it shall be an affirmative defense that the respondent is a laborer in the employ of the carpet business to do the physical work of installing the carpet and that he or she has no ownership interest in or control of the business or in any corporation, partnership or other legal entity that owns or controls the business and that he or she has no managerial or supervisory responsibility. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

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