Official Journal of the City of New York - June 26, 2020
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Source: Official Journal of the City of New York
THE CITY RECORD
2712
6 RCNY 5-40
Improper limit or disclaimer of liability for negligence
6 RCNY
5-40e
$350
$315
$350
$350
$350
Improper posting of sign that business is $260
not liable for negligence
$350
$315
$350
$350
$350
6 RCNY 5-41
Collected sales tax on sale of good or service not subject to such tax under $260
Article 28 of the NYS Tax Law or rule and regulations promulgated thereunder
$350
$315
$350
$350
$350
6 RCNY 5-42
Violation of the prohibition on price gouging
$350
$350
$350
$350
$350
$350
6 RCNY 5-46
Failure to meet the requirements for a car rental business
$260
$350
$315
$350
$350
$350
6 RCNY
5-46d
Failure to post notice of consumer protection law
$260
$350
$315
$350
$350
$350
6 RCNY 5-47
Failure to meet the requirements for jewelry sellers and appraisers
$260
$350
$315
$350
$350
$350
6 RCNY 5-51
Failure to meet the requirements for retail sale of gasoline
$260
$350
$315
$350
$350
$350
6 RCNY 5-54
Failure to meet the requirements for repairs of consumer goods
$260
$350
$315
$350
$350
$350
6 RCNY 5-55
Failure to meet the requirements for meat and poultry advertising
$260
$350
$315
$350
$350
$350
6 RCNY 5-56
Failure to meet the requirements for window gates
$260
$350
$315
$350
$350
$350
6 RCNY 5-57
Failure to meet the requirements for utility bill payments
$260
$350
$315
$350
$350
$350
6 RCNY 5-58
Improper offer of sale of food in damaged $260
containers
$350
$315
$350
$350
$350
6 RCNY 5-59
Improper imposition of restaurant surcharges
$260
$350
$315
$350
$350
$350
6 RCNY 5-60
Failure to meet the requirements for franchises
$260
$350
$315
$350
$350
$350
6 RCNY 5-61
Failure to meet the requirements for public performance seats
$260
$350
$315
$350
$350
$350
6 RCNY 5-63
Failure to meet the requirements for catering contracts
$260
$350
$315
$350
$350
$350
6 RCNY 5-68
Failure to meet the requirements for dealers at flea markets
$260
$350
$315
$350
$350
$350
6 RCNY 5-69
Failure to meet the requirements of blood pressure reading services
$260
$350
$315
$350
$350
$350
6 RCNY 5-70
Failure to meet the requirements for retail service establishments
$260
$350
$315
$350
$350
$350
6 RCNY 5-73
Failure to meet the requirements for the sale of box cutters
$350
$350
$350
$350
$350
$350
6 RCNY 5-75
Failure to post the Buyers Guide when selling or offering to sell any used automobile
$260
$350
$315
$350
$350
$350
$260
$350
$315
$350
$350
$350
6 RCNY 5-87
Prohibited conduct in offering sales or through discounts and related recordkeeping 6 RCNY 5-103 requirements
$260
FRIDAY, JUNE 26, 2020
Required Finding Pursuant to New York City Charter Section 1043f1c IT IS HEREBY CERTIFIED that this rule, which declares as unconscionable the practice of price gouging of personal and household goods and services during a declared State of Emergency in the City of New York, is immediately necessary for the Department of Consumer Affairs DCA to continue to protect consumers during the ongoing COVID-19 State of Emergency and shall become effective immediately with this Notice of Adoption under Charter section 1043f1c.
Pursuant to the emergency price gouging rule promulgated on March 15, 2020 Emergency Rule, DCA has been engaged in extensive enforcement efforts with merchants across New York City that are charging excessive prices on goods used or marketed to limit the spread of COVID-19. DCA has received over 11,000 complaints of price gouging during the COVID-19 State of Emergency and has issued more than 600
summonses against businesses engaged in unlawful price gouging of products like face masks, hand sanitizer, and disinfectant wipes.
The Emergency Rule expires on July 12, 2020. Without immediate implementation of the permanent price gouging rule, there will be a window where neither the Emergency Rule nor the permanent rule
will be in effect and DCA will temporarily lack the authority to protect consumers from these pervasive and ongoing predatory practices.
During this window, merchants could raise prices with impunity and prevent consumers from accessing goods and services that control the spread of COVID-19, with the likely consequence of increased and avoidable exposure to this communicable disease.
IT IS HEREBY CERTIFIED that a substantial need exists for this rule, to continue enforcement against ongoing price gouging during the current State of Emergency due to COVID-19.
Dated: June 24, 2020
LORELEI SALAS
COMMISSIONER, DEPARTMENT OF CONSUMER
AFFAIRS
APPROVED:
BILL DE BLASIO
E j26
