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What is NYC AC § 23-806?

Quick Answer

This section establishes a 48-hour grace period for late payments to city agencies following an electronic system failure lasting 24 hours or more. Agencies may extend this grace period up to seven days at the discretion of their heads. Applies to individuals making payments to city agencies affected by electronic system failures.

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

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§ 23-806 Online payment grace period.

AC § 23-806

a. For the purposes of this section, the following terms have the following meanings: Electronic system. The term "electronic system" means any website, network, online infrastructure or internally or externally accessible electronic systems constructed or maintained by or on behalf of the city. Electronic system failure. The term "electronic system failure" means a malfunction, or unauthorized denial of service, in an electronic system that makes it impossible for one or more persons to make payments to a city agency. b. In the event that an electronic system failure disables, for 24 hours or more, an electronic system used by persons to make payments to an agency, such affected agency shall establish a 48-hour grace period after such system is restored, during which no late payment fees or interest will be incurred for any payment due in the time period during which such electronic system failure disabled such system, provided that if only certain persons owing payments to such affected agency are unable to make such payments due to an electronic system failure, such affected agency shall allow such persons to file claims to forgive late payment fees and interest accrued during such electronic system failure. Nothing in this section shall be construed to require such affected agency to establish a grace period in addition to any grace period separately required by law or rule unless an electronic system failure extends to or beyond the end of such separately required grace period. c. When an agency is required to establish a 48-hour grace period pursuant to this section, the agency head shall have the discretion to extend such grace period to a period not exceeding seven days; provided that for mayoral agencies such discretion shall be exercised by the mayor; and further provided that for boards and commissions such discretion shall be exercised by the chair of such board or commission. (L.L. 2021/106, 10/10/2021, eff. 2/7/2022)

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