Official Journal of the City of New York - March 18, 2020
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Source: Official Journal of the City of New York
THE CITY RECORD
1594
threat to public health or safety by the City of New York or the subject of a State of Emergency within the City of New York.
Excessive price increase. The term excessive price increase means an increase of 10 percent or more above the price at which the same or similar good or service could have been obtained by consumers in the City of New York 30-60 days prior to the adoption of this rule.
Merchant. The term merchant means a seller, lessor, or creditor or any other person who makes available either directly or indirectly, goods, services or credit, to consumers. Merchant includes manufacturers, wholesalers and others who are responsible for any act or practice prohibited by this subchapter.
b1 It shall be an unconscionable trade practice for a merchant to sell or offer for sale covered goods or services with an excessive price increase during an imminent threat to public health.
2 An increase in price shall be considered lawful if the merchant establishes that the increase was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that the increase charged to the consumer is comparable to the increase incurred by the merchant.
3 Each sale or offer for sale in violation of this rule constitutes a separate violation.
Section 2. Section 6-47 of subchapter B of chapter 6 of Title 6 of the Rules of the City of New York is amended, to read as
WEDNESDAY, MARCH 18, 2020
follows:
6-47 Consumer Protection Law Penalty Schedule.
All citations are to Title 20 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.
For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013.
Pursuant to Section 20-703b of the Administrative Code of the City of New York, the knowing violation of any provision of subchapter 1
of chapter 5 of title 20 of the Administrative Code of the City of New York or of any rule promulgated thereunder is subject to a maximum penalty of $500.
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 violations.
Citation
Violation Description
First Violation
First Default
Second Second Violation Default
Third and Subsequent Violation
Third and Subsequent Default
Admin Code 20-700
Engaged in an unlawful deceptive or unconscionable trade practice
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for layaway 5-23
plans
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet requirements for credit card 5-24
limitations
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for 5-32
documentation of transactions
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for sale of used 5-36
items
$260
$350
$315
$350
$350
$350
6 RCNY Failure to comply with disclosure of refund policy 5-37
requirements
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for cancellation of $260
5-39
home appointment
$350
$315
$350
$350
$350
6 RCNY Improper limit or disclaimer of liability for 5-40
negligence
$260
$350
$315
$350
$350
$350
6 RCNY Improper posting of sign that business is not liable 5-40e for negligence
$260
$350
$315
$350
$350
$350
Collected sales tax on sale of good or service not 6 RCNY subject to such tax under Article 28 of the NYS
5-41
Tax Law or rule and regulations promulgated thereunder
$260
$350
$315
$350
$350
$350
6 RCNY Violation of the prohibition on price gouging 5-42
$350
$350
$350
$350
$350
$350
6 RCNY Failure to meet the requirements for a car rental 5-46
business
$260
$350
$315
$350
$350
$350
6 RCNY Failure to post notice of consumer protection law 5-46d
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for jewelry 5-47
sellers and appraisers
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for retail sale of $260
5-51
gasoline
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for repairs of 5-54
consumer goods
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for meat and 5-55
poultry advertising
$260
$350
$315
$350
$350
$350
6 RCNY Failure to meet the requirements for window 5-56
gates
$260
$350
$315
$350
$350
$350
