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What is NYC AC § 20-390?

Quick Answer

This section outlines the application process for obtaining or renewing a business license, including requirements for fingerprinting and documentation. The commissioner may request additional information about employees and requires applicants to be of good character. Applies to business owners seeking licenses for home improvement contracts.

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

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§ 20-390 Application; fingerprinting.

AC § 20-390

1.An application for a license or renewal thereof shall be made to the commissioner on a form prescribed by him or her.

2.A separate license shall be required for each place of business.

3.The application shall be filed only by the actual owner of a business, shall be in writing, signed and under oath; it shall contain the office address of the business; the name and residence address of the owner or partner and if a corporation, trade group or association, the names and resident addresses of the directors and principal officers.

4.The commissioner may require the names and residence addresses of any employees of an applicant, in addition to any other information which he or she may deem advisable.

5.Each applicant shall be over eighteen years of age and of good character.

6.Each applicant for a license or renewal thereof shall submit either (i) documentation satisfactory to the commissioner of the applicant's certification from the federal environmental protection agency, as required by subparts E and L of part 745 of title 40 of the code of federal regulations or successor regulations, or (ii) a signed affirmation that such certification is not required for any home improvement work performed by such applicant, in accordance with the rules of the department. Documentation of a certification submitted with an application for a license or a renewal thereof must include the name, EPA certificate number of the applicant, and the expiration date of such EPA certificate.

7.The commissioner shall require that applicants for licenses issued pursuant to this subchapter be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services.

8.Each application for a license to solicit, canvass, sell, perform or obtain a home improvement contract as a contractor from an owner, or for renewal thereof, filed on or after the effective date of the local law which added this subdivision shall contain such information prescribed by the commissioner as sufficient to verify the applicant's compliance with the requirements specified in subdivision four of section seventy-one-a of the lien law. (Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020)

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