Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
§ 5-42 Unlawful Price Gouging.
   (a)   Definitions. 
      "Covered goods or services." The term "covered goods or services" means goods or services that are essential to health, safety or welfare, or are marketed or advertised as such, including but not limited to staple consumer food items such as milk, eggs and bread, goods or services used for emergency cleanup, or emergency supplies such as water, flashlights, radios, batteries, candles, blankets, soaps, diapers, toiletries, medical supplies such as medications, bandages, gauze, isopropyl alcohol, medical masks, and antibacterial products, or gasoline or other motor fuels.
      "Excessive price." The term "excessive price" means 10 percent or more above the price at which the same or similar good or service could have been obtained by a buyer in the City of New York 30 - 60 days prior to the declaration of a state of emergency.
      "Merchant." The term "merchant" means a seller, lessor, or creditor or any other person who makes available either directly or indirectly, goods, services or credit, to consumers. "Merchant" includes manufacturers, wholesalers and others who are responsible for any act or practice prohibited by this subchapter.
   (b)   (1)   It is an unconscionable trade practice for a merchant to sell or offer for sale covered goods or services at an excessive price during a declared state of emergency in the City of New York.
      (2)   Exceptions. A merchant is permitted to sell or offer for sale covered goods or services at an excessive price if such merchant:
         (i)   has increased its price of such goods or services to an excessive price as a direct result of costs imposed on such merchant by the supplier of such goods or services, or such increase in the price of such goods or services is directly attributable to additional costs for labor or materials used to provide the goods or services, provided that the increase charged to the buyer is comparable to the increase incurred by the merchant; or
         (ii)   sold or offered for sale such covered goods or services to buyers in the City of New York at an excessive price 30 days prior to the declaration of a state of emergency and such merchant has not increased the price of such goods or services during the state of emergency, or in the 30 days prior to such declaration, except in accordance with subdivision (i).
      (3)   Each sale or offer for sale in violation of this rule constitutes a separate violation.
(Added City Record 3/18/2020, eff. 3/18/2020 and City Record 6/26/2020, eff. 6/26/2020)