New York City Council Header
File #: Int 0165-2018    Version: * Name: Consumer protections and home repair work.
Type: Introduction Status: Committee
Committee: Committee on Consumer Affairs and Business Licensing
On agenda: 1/31/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to consumer protections and home repair work.
Sponsors: Alan N. Maisel, Robert F. Holden
Council Member Sponsors: 2
Summary: This bill would clarify that DCA shall enforce applicable consumer protection provisions against plumbers, electricians and other such professionals. The bill would ensure that regulations related to deceptive trade practices, false advertising and other consumer related offenses would apply to anyone making home repairs. It would establish better communication between the agencies that regulate home repair businesses by requiring DCA to notify DOB whenever someone licensed by DOB is found guilty of violating Title 20 of the Administrative Code.
Attachments: 1. Summary of Int. No. 165, 2. Int. No. 165, 3. January 31, 2018 - Stated Meeting Agenda

Int. No. 165

 

By Council Members Maisel and Holden

 

A Local Law to amend the administrative code of the city of New York, in relation to consumer protections and home repair work.

 

Be it enacted by the Council as follows:

 

 Section 1. Section 20-397 of the administrative code of the city of New York is amended by adding a new subdivision six to read as follows:

§ 20-397 Exceptions.  No contractor's license shall be required in the following instances:

1. An individual who performs labor or services for a contractor for wages or salary.

2. A plumber, electrician, architect, professional engineer, or any other such person who is required by state or city law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession, or any person required to be licensed pursuant to article six-D of the general business law to engage in the business of installing, servicing, or maintaining security or fire alarm systems, and who is acting exclusively within the scope of the craft, profession or business for which he or she is currently licensed pursuant to such other law.

                           3.  Any retail clerk, clerical, administrative, or other employee of a licensed contractor, as to a transaction on the premises of the contractor.

                           4. This subchapter shall not apply to or affect the validity of a home improvement contract otherwise within the purview of this subchapter which is made prior to October first, nineteen hundred sixty-eight.

                          5. Any home improvement, where the aggregate contract price for all labor materials and other items is less than two hundred dollars. This exemption does not apply where the work is only part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than two hundred dollars for the purpose of evasion of this provision or otherwise.

6. Notwithstanding the aforementioned, nothing in this section shall prevent the department from enforcing any of the provisions of this title that are not contained in this subchapter against any person, firm, partnership, joint venture, corporation or association that is: (i) employed for the purposes of doing home improvement work; and (ii) not required to obtain a department issued contractor's license pursuant to this section.  The department shall notify the commissioner of buildings of any violation of this title committed by a person, firm, partnership, joint venture, corporation or association that is licensed or certified pursuant to chapter four of title 28 of this code.  

§ 2. This local law takes effect immediately after it becomes law.

RC/BAM

LS 113/Int. 0265-2014

LS 441

12/6/17