Int. No. 1791
By Council Member Cabrera
A Local Law to amend the administrative code of the city of New York, in relation to requiring the posting of information related to products and services offered at funeral homes
Be it enacted by the Council as follows:
Section 1. Section 20-732 of subchapter 7 of chapter 5 of title 20 of the administrative code of the city of New York is amended to read as follows:
§ 20-732. Statement to be furnished by provider of funeral services. a. Presentation sheet. [Any]A provider of funeral services shall prominently display on the funeral services establishment premises and make readily available to any customer or prospective customer a printed presentation sheet. The presentation sheet shall contain an itemized list of all funeral merchandise and services available at the establishment, a statement that the prices therefor are available upon request, and appropriate disclosures regarding legal requirements for procurement of funeral merchandise and services, the form and contents of which shall be prescribed by the commissioner. The presentation sheet shall be made current annually.
b. Statement of consumer rights. A provider of funeral services shall prominently display on the funeral services establishment a printed statement of consumer rights related to the merchandise and services offered at the funeral services establishment. Such statement of consumer rights shall be provided by the commissioner, as further detailed in subdivision c. The owner or operator of any funeral services establishment shall conspicuously post such statement of information in English and any of the six languages most commonly spoken by limited English proficient individuals in the city, as determined by the department of city planning, in which services are offered.
c. The commissioner shall design a statement of consumer rights and distribute the statement of consumer rights related to the merchandise and services offered at funeral service establishments. Such statement shall be created in English and in the six languages most commonly spoken by limited English proficient individuals in the city as determined by the department of city planning. The commissioner shall distribute the statement to all funeral service establishments within the city. The statement of information shall state the consumer rights and information provided in laws and regulations imposed on funeral service establishments in state, federal and local law, including: (i) the Funeral Rule promulgated in 16 C.F.R. chp. 1, subchp. D, pt. 45; (ii) the requirement that funeral directors be licensed by the state of New York, as provided by N.Y. Public Health, art. 34; (iii) that moneys be held in escrow until after the performance of funeral service or delivery of funeral merchandise, as required by N.Y. Gen. Bus., section 453; and (iv) the disclosures required by subchapter 7 of chapter 5 of title 20 of the administrative code of the city of New York.
§ 2. This local law takes effect 120 days after enactment, provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the promulgation of any necessary rules.
LUR
LS 8046
1/3/2017