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.
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).
In certain cases, the Department may ask for license suspension or revocation, as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.
The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**).
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 20-476 | Operating without a storage warehouse license | $1,000 per day | $1,000 per day | $1,000 per day | $1,000 per day | $1,000 per day | $1,000 per day |
Admin. Code § 20-478 | Failure to comply with schedule of rates requirement(s) | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
Admin. Code § 20-480 | Failure to comply with insurance requirement(s) | $1,000 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation)** | $1,000 (plus revocation) |
6 RCNY § 2-322 | Failure to comply with oral disclosures | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-323 | Failure to comply with written estimate requirement(s) | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-324 | Failure to comply with inventory requirement | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-325 | Failure to comply with cancellation requirement | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-326 | Improper bill for services | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-327 | Failure to comply with relocation of household goods requirements | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-328 | Failure to meet advertisement requirements | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-329(a) | Failure to provide liability insurance | $1,000 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation)** | $1,000 (plus revocation) |
6 RCNY § 2-329(b) | Failure to meet insurance requirements | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
6 RCNY § 2-330 | Failure to provide a written storage contract before accepting household goods | $1,000 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation)** | $1,000 (plus revocation) |
6 RCNY § 2-331 | Failure to provide consumer with access to household goods | $1,000 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation)** | $1,000 (plus revocation) |
6 RCNY § 2-332 | Failure to meet general release requirement(s) | $1,000 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation)** | $1,000 (plus revocation) |
6 RCNY § 2-333 | Improper sale of consumer goods | $1,000 (plus 0 to 15 day suspension)** | $1,000 (plus 15 day suspension) | $1,000 (plus 0 to 30 day suspension)** | $1,000 (plus 30 day suspension) | $1,000 (plus revocation)** | $1,000 (plus revocation) |
6 RCNY § 2-334 | Failure to meet requirements to act as an agent | $750 | $1,000 | $900 | $1,000 | $1,000 | $1,000 |
(Added City Record 8/22/2016, eff. 8/22/2016)