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The commissioner may make such rules and regulations not inconsistent with the provisions of this subchapter, as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the investigation and examination of applicants and their qualifications, and the other matters incidental or appropriate to his or her powers and duties as prescribed by this subchapter and for the proper administration and enforcement of the provisions of this subchapter, and to amend or repeal any such rules and regulations.
a. The commissioner shall have the power to impose a fine not to exceed one thousand dollars upon a licensee and/or suspend or revoke a license or deny an application for the issuance or renewal of a license for any one or more of the following causes:
1. Fraud, misrepresentation, or bribery in securing a license.
2. The making of any false statement as to a material matter in any application for a license.
3. The person or the management personnel of the contractor are untrustworthy or not of good character.
4. The business transactions of the contractor have been or are marked by a practice of failure to timely perform or complete its contracts, or the manipulation of assets or accounts, or by fraud or bad faith, or is marked by an unwholesome method or practice of solicitation of business from owners.
5. Failure to display the license as provided in this subchapter.
6. Failure to comply with any demand or requirement lawfully made by the commissioner.
7. When an agent or employee of a licensee has been guilty of an act of omission, fraud, or misrepresentation and the licensee has approved or had knowledge thereof.
8. Violation of any provision of this subchapter or any rule or regulation adopted hereunder or for performing or attempting to perform any act prohibited by this subchapter.
9. Violation of any provision of subchapters one, two or three of title twenty-six or subchapter one of title twenty-seven of this code, or any rule adopted thereunder or for performing or attempting to perform any act prohibited by such subchapters, provided that the commissioner shall suspend or revoke the license of any licensee who continues to work in violation of a stop-work notice or order issued pursuant to section 26-118 of this code.
b. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter and chapter one of this title, the commissioner, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this subchapter if the applicant or licensee, or any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/065.
The following acts are prohibited:
1. Deviation from or disregard of the plans or specifications or any terms and conditions agreed to under a home improvement contract in any material respect without the written consent of the owner;
2. Making any substantial misrepresentation in the solicitation or procurement of a home improvement contract, or making any false promise of character likely to influence, persuade or induce;
3. Any fraud in the execution of, or in the material alteration of, any contract, mortgage, promissory note or other document incident to a home improvement transaction;
4. Acting as an agent for any owner or any finance or mortgage company to arrange for or to obtain an extension of credit which is used to pay for an owner's obligations under a home improvement contract, unless the instrument evidencing such owner's indebtedness complies with subdivision b of 16 CFR § 433.2 and the licensee complies with section 771-a of the general business law;
5. Directly or indirectly publishing any advertisement relating to home improvements which contains an assertion, representation or statement of fact which is false, deceptive, or misleading, provided that any advertisement which is subject to and complies with the then existing rules, regulations or guides of the federal trade commission shall not be deemed false, deceptive or misleading; or by any means advertising or purporting to offer the general public any home improvement work with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public;
6. Wilful or deliberate disregard and violation of the building, sanitary, fire and health laws of this city;
7. Failure to notify the commissioner of any change or control in ownership, management or business name or location;
8. Conducting a home improvement business in any name other than the one in which the contractor is licensed;
9. Wilful failure to comply with any order, demand, rule, regulation or requirement made by the commissioner pursuant to provisions of this subchapter; 10. As part of or in connection with the inducement to make a home improvement contract, no person shall promise or offer to pay credit, or allow to a buyer any compensation or reward for the procurement of a home improvement contract with others;
11. Failing to perform work under a home improvement contract in a skillful and competent manner;
12. Procuring a certificate of completion from an owner prior to the actual completion of performance by the contractor under a home improvement contract;
13. Including any provision or clause in a home improvement contract whereby the owner waives or is barred from asserting any rights, claims, defenses or remedies available to an owner under this subchapter or any rules promulgated pursuant thereto;
14. Failing to comply with subdivision four of section seventy-one-a of the lien law;
15. [Reserved.]
16. a. As a part of or in connection with the inducement to enter any home improvement contract, no person shall promise or offer to pay, credit, or allow to any owner, compensation or reward for the procurement or placing of home improvements business with others.
b. No contractor shall offer, deliver, pay, credit or allow to the owner any gift, bonus award or merchandise, trading stamps, or cash loan as an inducement to enter a home improvement contract.
c. A contractor may give tangible items to prospective customers for advertising or sales promotion purposes where the gift is not conditioned upon obtaining a contract for home improvement work; provided no such item shall exceed a cost value of two dollars and fifty cents and no owner and/or other person shall receive more than one such item in connection with any one transaction.
17. Notwithstanding any other provisions of this section, no person licensed under this subchapter shall, in connection with any home repair or home improvement, act as an agent for, or advertise, promote or arrange for the services of a lender or its affiliate to secure a home loan or a home improvement loan for or on behalf of an owner.
18. No contractor shall receive payment from the proceeds of a home improvement loan except by an instrument payable solely to the borrower or at the election of the borrower, through a third party escrow agent in accordance with terms established in a written agreement signed by the borrower, the lender and the contractor prior to disbursement.
(Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/036.
A licensee shall furnish a notice to the owner that, in addition to any other right to revoke an offer, the owner may cancel a home improvement contract until midnight of the third business day after the day on which the owner has signed an agreement or offer to purchase relating to such contract or until midnight of the third business day after the day on which the owner receives the notice of his or her right to cancel, whichever occurs later. Cancellation occurs when written notice of cancellation is given to the home improvement contractor. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the owner not to be bound by such home improvement contract or offer to purchase relating to such contract. Notwithstanding the foregoing, this paragraph shall not apply to a transaction in which the owner has initiated the contact and the home improvement is needed to meet a bona fide emergency of the owner, and the owner furnishes the home improvement contractor with a separate dated and signed personal statement in the owner's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the home improvement contract within three business days.
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