Bill Text: NY S02305 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the NYC department of consumer affairs to adjudicate violations of the laws that it enforces pursuant to rules promulgated by its commissioner; makes procedural provisions for service of notice of violation and entry of judgments; limits penalties; provides for the county clerks to docket the department's judgments in separate volumes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-13 - COMMITTEE DISCHARGED AND COMMITTED TO CITIES [S02305 Detail]
Download: New_York-2009-S02305-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2305
2009-2010 Regular Sessions
I N S E N A T E
February 17, 2009
___________
Introduced by Sen. PADAVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the county law, the New York city charter and the admin-
istrative code of the city of New York, in relation to the adjudi-
cation of violations of laws enforced by the New York city department
of consumer affairs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 918 of the county law, as sepa-
2 rately amended by chapters 419 and 473 of the laws of 1988, is amended
3 to read as follows:
4 4. Any other laws to the contrary notwithstanding, the county clerk in
5 each of the counties within the city of New York is authorized and
6 empowered to maintain separate judgment docket volumes containing the
7 printed transcript or transcripts, in strict alphabetical order of judg-
8 ment made, entered, and docketed in the civil court of the city of New
9 York against individuals, corporations, and other entities on behalf of
10 the parking violations bureau, the environmental control board, the taxi
11 and limousine commission, THE DEPARTMENT OF CONSUMER AFFAIRS, and the
12 commissioner of jurors of the city of New York. These volumes may be
13 maintained in the form of computer print outs which shall contain the
14 date of judgment, the name and address of the judgment debtor or
15 debtors, the amount of the judgment, and other information which the
16 county clerk may deem necessary to sufficiently describe the parties to
17 the action or proceeding or nature or the manner of the entry of the
18 judgment. Provided, however, with respect to judgments on behalf of the
19 parking violations bureau, the county clerk may, in his OR HER
20 discretion, in lieu of such volumes, maintain the aforementioned data in
21 a micrographic or computer retrievable format. With respect to judg-
22 ments on behalf of the parking violations bureau, such volumes or other
23 format shall be maintained pursuant to this subdivision for only those
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05041-01-9
S. 2305 2
1 individuals, corporations, and other entities having vehicles registered
2 in the counties within the city of New York.
3 S 2. The New York city charter is amended by adding a new section
4 2203-a to read as follows:
5 S 2203-A. CIVIL PENALTY ADJUDICATION. (A) THE DEPARTMENT SHALL CONDUCT
6 PROCEEDINGS FOR THE ADJUDICATION OF VIOLATIONS OF THE LAWS AND RULES THE
7 ENFORCEMENT OF WHICH ARE WITHIN THE JURISDICTION OF THE DEPARTMENT
8 PURSUANT TO THE CHARTER, THE ADMINISTRATIVE CODE, OR ANY OTHER LAW,
9 GENERAL, SPECIAL, OR LOCAL AND SHALL HAVE THE POWER TO RENDER DECISIONS
10 AND ORDERS AND TO IMPOSE CIVIL PENALTIES FOR SUCH VIOLATIONS. EXCEPT TO
11 THE EXTENT THAT DOLLAR LIMITS ARE OTHERWISE SPECIFICALLY PROVIDED, SUCH
12 CIVIL PENALTIES SHALL NOT EXCEED FIVE HUNDRED DOLLARS FOR EACH
13 VIOLATION.
14 (B) SUCH PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THIS
15 SECTION AND WITH RULES PROMULGATED BY THE COMMISSIONER.
16 (C) ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE
17 OF VIOLATION. THE COMMISSIONER SHALL PRESCRIBE THE FORM AND WORDING OF
18 NOTICES OF VIOLATION. THE NOTICE OF VIOLATION OR COPY THEREOF, WHEN
19 FILLED IN AND SERVED, SHALL CONSTITUTE NOTICE OF THE VIOLATION CHARGED
20 AND, IF SWORN TO OR AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
21 CONTAINED THEREIN. IN ADDITION TO SERVING THE NOTICE ON THE PERSON
22 BEING CHARGED, WHERE WRITTEN AUTHORIZATION IS FILED WITH THE DEPARTMENT,
23 THE DEPARTMENT SHALL DELIVER BY FIRST CLASS MAIL A COPY OF THE NOTICE TO
24 THE CORPORATE HEADQUARTERS OR WHOLESALE SUPPLIER OF THE PERSON BEING
25 SERVED. SUCH NOTICE BY MAIL SHALL PROVIDE A RESPONDENT WITH THE MINIMUM
26 PERIOD OF TIME TO RESPOND PROVIDED FOR IN SUBDIVISION (E) OF THIS
27 SECTION.
28 (D) THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION ADVISING THE
29 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
30 EITHER ADMIT OR DENY THE VIOLATION CHARGED IN THE NOTICE. SUCH NOTICE OF
31 VIOLATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT
32 FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN THE NOTICE MAY RESULT
33 IN A DEFAULT DECISION AND ORDER BEING ENTERED AGAINST SUCH PERSON. THE
34 ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION SHALL BE FILED AND
35 RETAINED BY THE DEPARTMENT AND SHALL BE DEEMED A RECORD KEPT IN THE
36 ORDINARY COURSE OF BUSINESS.
37 (E) WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
38 THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR ON A DESIGNATED
39 HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
40 TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
41 OF LIABILITY AND SHALL BE GROUNDS FOR RENDERING A DEFAULT DECISION AND
42 ORDER IMPOSING A PENALTY IN THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR
43 THE VIOLATION CHARGED.
44 (F) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
45 WAS HAD BY HEARING OR UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A
46 JUDGMENT THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW YORK
47 OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE
48 STATE, AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME MANNER
49 AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS;
50 PROVIDED, HOWEVER, THAT NO SUCH JUDGMENT SHALL BE ENTERED WHICH EXCEEDS
51 THE SUM OF TWENTY-FIVE THOUSAND DOLLARS FOR EACH RESPONDENT.
52 (G) NOTWITHSTANDING THE FOREGOING PROVISION, BEFORE A JUDGMENT BASED
53 UPON A DEFAULT MAY BE SO ENTERED, THE DEPARTMENT MUST HAVE NOTIFIED THE
54 RESPONDENT BY FIRST CLASS MAIL IN SUCH FORM AS THE COMMISSIONER MAY
55 DIRECT: (I) OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED;
56 (II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
S. 2305 3
1 NEW YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS
2 WITHIN THE STATE OF NEW YORK; AND (III) THAT ENTRY OF SUCH JUDGMENT MAY
3 BE AVOIDED BY REQUESTING A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND
4 EITHER REQUESTING A HEARING OR ENTERING A PLEA PURSUANT TO THE RULES OF
5 THE COMMISSIONER WITHIN THIRTY DAYS OF THE MAILING OF SUCH NOTICE. IN
6 ADDITION TO NOTIFYING THE RESPONDENT, WHERE WRITTEN AUTHORIZATION IS
7 FILED WITH THE DEPARTMENT, THE DEPARTMENT SHALL DELIVER BY FIRST CLASS
8 MAIL A COPY OF THE NOTICE TO THE CORPORATE HEADQUARTERS OR WHOLESALE
9 SUPPLIER OF THE PERSON BEING NOTIFIED. SUCH NOTICE BY MAIL SHALL PROVIDE
10 THE MINIMUM PERIOD OF TIME TO RESPOND AS SET FORTH IN THIS SUBDIVISION.
11 (H) A JUDGMENT ENTERED PURSUANT TO SUBDIVISION (F) OF THIS SECTION
12 SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
13 (I) THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
14 ANT TO THE PROVISIONS OF SUBDIVISION (F) OF THIS SECTION UNLESS THE
15 NOTICE OF VIOLATION SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS
16 PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE
17 LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW OR AS
18 PROVIDED IN SUBDIVISION (J) OF THIS SECTION.
19 (J) (1) SERVICE OF A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING
20 SUCH NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT ON OR IN CONNECTION
21 WITH THE PREMISES WHERE THE VIOLATION OCCURRED OR TO A PERSON EMPLOYED
22 BY THE RESPONDENT AT THE PREMISES AT WHICH THE RESPONDENT ACTUALLY
23 CONDUCTS THE BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION.
24 (2) SUCH NOTICE MAY ONLY BE DELIVERED PURSUANT TO PARAGRAPH ONE OF
25 THIS SUBDIVISION WHERE A REASONABLE ATTEMPT HAS BEEN MADE TO DELIVER
26 SUCH NOTICE TO A PERSON IN SUCH PREMISES UPON WHOM SERVICE MAY BE MADE
27 AS PROVIDED FOR BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES OR
28 ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
29 (3) WHEN A COPY OF SUCH NOTICE HAS BEEN DELIVERED PURSUANT TO PARA-
30 GRAPH ONE OF THIS SUBDIVISION, A COPY SHALL BE MAILED TO THE RESPONDENT
31 AT SUCH RESPONDENT'S LAST KNOWN RESIDENCE OR BUSINESS ADDRESS OR TO AN
32 ADDRESS CONTAINED IN THE FILES OF THE DEPARTMENT COMPILED AND MAINTAINED
33 FOR THE PURPOSE OF THE ENFORCEMENT OF THE PROVISIONS OF THE CHARTER OR
34 ADMINISTRATIVE CODE OR OTHER LAW OVER WHICH THE DEPARTMENT HAS JURISDIC-
35 TION.
36 (4) PROOF OF SERVICE MADE PURSUANT TO THIS SUBDIVISION SHALL BE FILED
37 WITH THE COMMISSIONER WITHIN TWENTY DAYS OF SERVICE IN THE MANNER
38 PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER SUCH FILING.
39 (K) THE REMEDIES AND PENALTIES PROVIDED IN THIS SECTION SHALL BE IN
40 ADDITION TO ANY REMEDIES OR PENALTIES PROVIDED UNDER ANY OTHER LAW,
41 INCLUDING, BUT NOT LIMITED TO, CIVIL OR CRIMINAL ACTIONS AND
42 PROCEEDINGS.
43 S 3. Subdivision a of section 20-701 of the administrative code of the
44 city of New York is amended to read as follows:
45 a. Deceptive trade practice. Any false, falsely disparaging, or
46 misleading oral or written statement, visual description or other repre-
47 sentation of any kind made in connection with the sale, lease, rental or
48 loan or in connection with the offering for sale, lease, rental, or loan
49 of consumer goods or services, or in the extension of consumer credit or
50 in the collection of consumer debts, which has the capacity, tendency or
51 effect of deceiving or misleading consumers. Deceptive trade practices
52 include but are not limited to: (1) representations that goods or
53 services have sponsorship, approval, accessories, characteristics,
54 ingredients, uses, benefits, or quantities that they do not have; the
55 supplier has a sponsorship, approval, status, affiliation, or connection
56 that he or she does not have; goods are original or new if they are
S. 2305 4
1 deteriorated, altered, reconditioned, reclaimed, or secondhand; or,
2 goods or services are of a particular standard, quality, grade, style or
3 model, if they are of another; (2) the use, in any oral or written
4 representation, of exaggeration, innuendo or ambiguity as to a material
5 fact or failure to state a material fact if such use deceives or tends
6 to deceive; (3) disparaging the goods, services, or business of another
7 by false or misleading representations of material facts; (4) offering
8 goods or services with intent not to sell them as offered; (5) offering
9 goods or services with intent not to supply reasonable expectable public
10 demand, unless the offer discloses to limitation of quantity; and (6)
11 making false or misleading representations of fact concerning the
12 reasons for, existence of, or amounts of price reductions, or price in
13 comparison to prices of competitors or one's own price at a past or
14 future time; (7) stating that a consumer transaction involves consumer
15 rights, remedies or obligations that it does not involve; (8) stating
16 that services, replacements or repairs are needed if they are not; (9)
17 FAILING TO PUBLICLY REVEAL AND DISPLAY IN ENGLISH, AS REQUIRED BY LAW,
18 THE TRUE NAME OF THE PROPRIETORS OR OWNERS OF ANY SHOP, STORE OR OTHER
19 ESTABLISHMENT OR SERVICE; and [(9)] (10) falsely stating the reasons for
20 offering or supplying goods or services at scale discount prices.
21 S 4. This act shall take effect immediately.
