§ 6-19 Dealers in Second-Hand Articles Penalty Schedule.

   All citations are to Title 20 of the Administrative Code of the City of New York or Title 6 of the Rules of the City of New York.

   Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.

   For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013.

   Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).

   IIn certain cases, the Department may ask for license suspension or revocation, as permitted by statute. In determining whether a violation is a second, third, or subsequent violation for purposes of suspension or revocation pursuant to Section 20-275(d) of Title 20 of the New York City Administrative Code, any violations of the following provisions must be considered: Sections 20-268.1, 20-268.2, 20-268.3, 20-268.4, 20-268.5, and 20-271 of the New York City Administrative Code, and 6 RCNY §§ 2-105, 2-106, 2-107, 2-108, and 2-109. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.

 

Citation

Violation Description

First Violation

First Default

Second Violation

Second Default

Third and Subsequent Violation

Third and Subsequent Default

Admin Code § 20-265	Operating as a second hand dealer without a license	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day	$100 per day
Admin Code § 20-267	Failure to report required records to police commissioner	$375	$500	$450	$500	$500	$500
Admin Code § 20-268	Failure to comply with specified restrictions pertaining to second hand dealers	$375	$500	$450	$500	$500	$500
Admin Code § 20-268.1	Failure to comply with requirements related to sale and financing of second-hand automobiles	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
Admin Code § 20-268.2	Failure to comply with requirements related to automobile contract cancellation option	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
Admin Code § 20-268.3	Failure to provide certain second-hand automobile contract documents in advance	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
Admin Code § 20-268.4	Failure by a second-hand automobile dealer to post consumer bill of rights	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
Admin Code § 20-268.5	Failure to comply with requirements related to secondhand automobile records and reports	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
Admin Code § 20-270	Failure to comply with signage requirements	$375*	$500*	$450	$500	$500	$500
Admin Code § 20-271(a)	Failure to label second-hand articles as not new	$375*	$500*	$450	$500	$500 (plus suspension or revocation)	$500 (plus suspension or revocation)
Admin Code § 20-271(b)	Failure of dealer in second-hand automobiles to clearly and conspicuously post price of second-hand automobile or prices for add-on products	$500*	$500*	$750	$750	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
Admin Code § 20-272	Failure to comply with requirements pertaining to lost or stolen property	$375	$500	$450	$500	$500	$500
Admin Code § 20-273	Failure to comply with requirements pertaining to record of purchases and sales	$375	$500	$450	$500	$500	$500
6 RCNY § 2-101	Failure to verify and record identity of persons who sell to second-hand dealers	$375	$500	$450	$500	$500	$500
6 RCNY § 2-102	Failure to comply with requirements pertaining to sale of second-hand furniture	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(a)	Failure to maintain documents recording transfer of title in sale of second-hand automobile	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(b)	Failure to comply with requirements pertaining to deferred payment, collateral and financing terms in sale of second-hand automobile	$500	$500	$500	$500	$500	$500
6 RCNY § 2-103(c)	Covering or concealing of motor or serial number in sale of second-hand automobile or motorcycle	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(d)	Failure of dealer in second-hand automobiles to meet deferred payment commitments in purchase of second-hand automobile from private person	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(e)	Improper statements, representations, promises or acts by dealer in second-hand automobiles or agents	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(f)	Failure of dealer in second-hand automobiles to disclose all terms of undertaking or agreement with purchaser	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(g)(1)(i)	Sale of second-hand automobile not inspected and certified in accordance with Vehicle and Traffic Law	$500	$500	$500	$500	$500	$500
6 RCNY § 2-103(g)(1)(ii)	Failure to provide required Notice to Buyer with contract for sale of second-hand automobile	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(g)(1)(iii)	Contract for sale of second-hand automobile containing prohibited limitations	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(g)(1)(iv)	Failure of dealer in second-hand automobiles to submit form contracts with license application	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(g)(1)(v)	Failure of dealer in second-hand automobiles to display required sign at place of business	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(g)(2)	Misrepresentation of vehicle mileage	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(h)	Failure of dealer in second hand automobiles to investigate previous use of vehicle or to maintain rec ord of veh i c le’s p revi ou s use and odometer reading	$500	$500	$500	$500	$500	$500
6 RCNY § 2-103(i)	Sale of second-hand automobile at price other than advertised	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(j)	Sale of second-hand automobile from licensed place of business by any person other than licensed dealer in second-hand automobiles	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(k)(1)	Improperly accepting deposit in sale of second hand automobile	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(k)(2)	Deposit receipt fails to contain required information	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(k)(3)	Failure to keep proper record of deposits in sales of second hand automobiles	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(l)(1)	Failure of dealer in second hand automobiles to keep proper records of income and expenses	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(l)(2)	Failure of dealer in second hand automobiles to maintain proper record of cash receipts sand cash disbursements	$375	$500	$450	$500	$500	$500
6 RCNY § 2-103(m)(2)	Dealer in second-hand automobiles parking or allowing automobiles to encroach on a sidewalk or other public space	$375	$500	$450	$500	$500	$500
6 RCNY § 2-105(a)	Failure to label second-hand articles as not new	$375*	$500*	$450	$500	$500 (plus suspension or revocation)	$500 (plus suspension or revocation)
6 RCNY § 2-105(b)	Failure of dealer in second-hand automobiles to post price of second-hand automobile according to required specifications	$375*	$500*	$675	$750	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
6 RCNY § 2-105(c)	Failure of dealer in second-hand automobiles to post price of add-on products according to required specifications	$375*	$500*	$675	$750	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
6 RCNY § 2-106	Failure to comply with requirements related to financing disclosures for second-hand automobiles	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
6 RCNY § 2-107	Failure to comply with requirements related to secondhand automobile contract cancellation option	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
6 RCNY § 2-108	Failure to comply with requirements related to secondhand automobile consumer bill of rights	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)
6 RCNY § 2-109	Failure of second-hand automobile dealer to comply with records and reports requirements	$750	$1,000	$900	$1,000	$1,000 (plus suspension or revocation)	$1,000 (plus suspension or revocation)

 

(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 8/22/2017, eff. 9/21/2017; amended City Record 6/29/2018, eff. 7/29/2018)