§ 5-40 Liability for Negligence.

A seller may not state that it is not liable for damages caused by negligence, if such a statement is invalid according to a statute, regulation or ordinance. For example:

   (a)   lessors may not disclaim liability for negligent operation or maintenance of leased premises;

   (b)   caterers may not disclaim liability for negligence at catered affairs;

   (c)   contractors may not disclaim liability for negligent construction, maintenance or repair;

   (d)   architects, engineers and surveyors may not disclaim liability for negligence;

   (e)   garagekeepers, parkers, or servicers of motor vehicles may not disclaim liability for negligence;

   (f)   operators of pools, gymnasiums and places of public amusement or recreation may not disclaim liability for negligence.

§ 5-41 Unlawful Sales Tax.

   It is a deceptive trade practice for any seller to collect sales tax on the sale of any good or service that is not subject to such tax under Article 28 of the New York State Tax Law or the rules and regulations promulgated thereunder.

(Added City Record 7/7/2016, eff. 8/6/2016)

§ 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)

Part 5: Specific Business and Industry Regulations

§ 5-46 Car Rental. [Repealed]

(Repealed City Record 11/26/2021, eff. 12/26/2021)