Subchapter Y: Products for the Disabled: Sale, Rental, Repair and Servicing

§ 2-271 Definitions.

   Dealer. "Dealer" as defined in § 20-425(f) of the Administrative Code:

      (1)   A person shall be deemed a "dealer" whenever:

         (i)   more than $4,000 of the annual gross receipts of the person's business during the previous tax year resulted from the selling, renting, repairing or adjusting of products for the disabled; or

         (ii)   more than 10 percent of the annual gross income of the person's business during the previous tax year was derived from selling, renting, repairing or adjusting of products for the disabled.

      (2)   A business located outside of New York City shall be deemed a "dealer" whenever the amount of its annual gross receipts or income derived from the sale, rental, repair or adjustment of products for the disabled for consumers residing in New York City equals or exceeds the amounts set forth in either subparagraph (1)(i) or (1)(ii) above.

   Licensed or registered by any other state or local law. A person "licensed or registered by any other state or local law" for purposes of exemption from the requirements of obtaining a license under the Products for the Disabled Law does not include a person licensed or registered by state or local law for an activity other than the selling, renting, repairing or adjusting of products for the disabled as defined in this subchapter. Not exempt, for example, are persons:

      (1)   certified by Medicaid;

      (2)   licensed by the New York City Department of Consumer Affairs as secondhand dealers;

      (3)   licensed by the New York State Department of Education as pharmacists; or

      (4)   possessing state tax certificates.

   Products for the disabled. "Products for the disabled" includes, in addition to the items set forth in § 20-425 of the Administrative Code, the following:

      (1)   orthotic devices except stock orthotic devices that are not custom fitted, nor substantially intended for use by the disabled (e.g. ace bandages and stock support hose);

      (2)   prosthetic devices except stock breast prostheses;

      (3)   self-help aids except:

         (i)   assistic devices for the blind, and

         (ii)   walkers, walkerettes and canes;

      (4)   ostomy supplies except non-durable or disposable stock ostomy supplies; (5) orthopedic or support shoes except those not designed specifically or substantially for the disabled.

Written response. For purposes of this subchapter whenever a dealer is required to obtain a "written" response from a consumer, such a response may be oral when the consumer is physically unable to write.

§ 2-272 Prohibited Practices.

No dealer or any of his or her agents or employees shall:

   (a)   commence service work before the consumer receives a written estimate and authorizes the repair, except as provided in 6 RCNY § 2-273(d);

   (b)   fail to make repairs for a consumer because the consumer is exercising a right to have the product repaired under a valid warranty or guarantee agreement, when the dealer holds himself out as, or is, authorized by a manufacturer to service or repair such products;

   (c)   require or attempt to require a consumer to waive any rights provided in this subchapter.

§ 2-273 Written Estimate.

   (a)   Prior to entering into an agreement for the repair or servicing of products for the disabled, the dealer must inform the consumer of the consumer's right to a written estimate, and of any charges attached thereto.

   (b)   If the written estimate does not contain a statement that the final cost, excluding tax, will not exceed the estimated cost by more than twenty per cent, then the final cost, excluding tax, may not exceed the estimated cost.

   (c)   Prior to beginning the repair or servicing, except as provided in 6 RCNY § 2-273(d) below, a dealer must obtain written approval of the charges disclosed in the written estimate from the consumer or the consumer's agent.

   (d)   If the consumer requests that the repair or servicing of his or her product commence without awaiting receipt of the written estimate, then the dealer may orally communicate the information required to be contained in the written estimate to the consumer and may obtain the consumer's oral consent thereto. The dealer must then immediately mail or otherwise deliver a copy of the written estimate containing the information required in the Notice in 6 RCNY § 2-275(c) to the consumer. Once the written estimate is mailed or otherwise delivered to the consumer, the dealer may commence the repairs or servicing.

   (e)   If the consumer does not authorize the repair or servicing of a product which has been delivered to the dealer for the purpose of making an estimate, no charge may be imposed, other than any charge previously agreed upon between the dealer and consumer for the estimate, pick up, or delivery of the product, and the product shall immediately be returned or made available to the consumer in the same condition as when released to the dealer.

§ 2-274 Delay in Delivery.

   (a)   Delivery of the repaired or purchased item must be made by the date promised or stated for delivery in the written estimate, unless the consumer is notified of the delay and the new anticipated completion date in writing or by oral communication supplemented within one day by a writing. If complete repair is going to be delayed more than ten days the consumer must be informed of his or her right to request the immediate return of the property, completely reassembled.

   (b)   In the event that the consumer chooses to exercise this right, the dealer must immediately initiate and carry to completion whatever steps are necessary to secure the return of the consumer's product, and may charge the consumer only for work specified on the written estimate which was authorized and actually completed prior to the requested return of the product. Any deposit paid by the consumer in excess of what the dealer is entitled to receive, as described above, shall be returned immediately to the consumer.

§ 2-275 Display of Required Information.

Each dealer shall prominently and conspicuously display, in the area where products for the disabled are sold, rented, or accepted for repair or servicing, a sign which contains the following information:

   (a)   The true identity of the dealer, i.e.:

      (1)   in the case of a corporation, the true and complete corporate name;

      (2)   in the case of a partnership, the name of the partnership and the name of at least one of the partners;

      (3)   in all other cases, the name of at least one of the owners of the business;

   (b)   The business' current Department of Consumer Affairs License Number, and the telephone number of the Department's complaint division.

   (c)   The following notice, which shall be not less than 18 inches by 24 inches in dimension with letters of not less than 1 inch case print:

 

NOTICE THE NEW YORK CITY PRODUCTS FOR THE DISABLED LAW PROVIDES THAT: (1) The consumer is entitled to a written estimate for all repairs. (2) No repair work shall be done without the consumer's authorization. (3) The service dealer must return replaced parts to the consumer except:    (i) when the consumer specifically gives up the right to have removed parts returned;    (ii) when the dealer must return such parts to the manufacturer;    (iii) when there is no charge for the replacement of such parts;    (iv) when the dealer purchases the parts from the consumer. (4) The consumer is entitled to a final bill and an invoice at the time that the repair is completed. It is advisable for the consumer to retain both the bill and the invoice.

 

If the dealer charges for a written estimate, that fact shall be disclosed in Item 1 of the Notice set forth above.

§ 2-276 Return of Removed Parts.

Unless a consumer expressly waives in writing the right to have removed parts returned to him or her, all such parts shall be returned, except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty arrangement and except where the part:

   (a)   is replaced under a service contract or maintenance agreement for a fixed fee and for a specified time, and where no additional charge is made to the consumer for repairs; or

   (b)   can be rebuilt and the dealer purchases it from the consumer for that purpose and indicates the credited value in the written estimate; and

   (c)   is considered by the dealer to be unsafe in which case he or she shall so inform the consumer and give the consumer the option of whether or not to accept the returned part.