Chapter 19: Penalty Schedule

§ 19-101 Definitions.

Default penalty. "Default penalty" shall mean the penalty imposed by the Office of Administrative Trials and Hearings acting pursuant to Section 1049-a of the Charter in accordance with subparagraph (d) of paragraph one of subdivision d of Section 1049-a of the Charter.

RCNY. "RCNY" shall mean the Rules of the City of New York.

(Added City Record 5/5/2017, eff. 6/4/2017; amended City Record 10/15/2021, eff. 11/14/2021)

§ 19-102 General.

   (a)   Unless otherwise indicated, all citations are to the New York City Administrative Code.

   (b)   Sections marked with an asterisk (*) indicate that a repeat violation is:

      (1)   a violation by the same respondent of the same section of law; and

      (2)   a violation that occurred within 12 months of the dates of 12 or more violations issued to the same respondent; and

      (3)   a violation that occurred at the same place of occurrence as the previous 12 violations.

   (c)   Sections marked with two asterisks (**) indicate that a second or third violation is:

      (1)   a violation by the same respondent of the same section of law as the previous violation(s); and

      (2)   a violation that occurred within 12 months of the date of the last violation issued to the same respondent.

   (d)   Sections marked with three asterisks (***) indicate that a second or third violation is:

      (1)   a violation by the same respondent of the same section of law as the previous violation(s); and

      (2)   a violation that occurred within 12 months of the date of the last violation issued to the same respondent; and

      (3)   the violation was issued to a natural person.

   (e)   Sections marked with five asterisks (*****) indicate that second or third violation is:

      (1)   a violation by the same respondent of the same section of law as the previous violation(s); and

      (2)   a violation that occurred within 18 months of the date of the last violation issued to the same respondent.

   (f)   A second or third violation for those violations found in 16 RCNY § 19-104, shall be:

      (1)   a violation by the same respondent of the same section of law as the previous violation(s); and

      (2)   a violation that occurred within three years of the date of the last violation issued to the same respondent.

   (g)   A second or third violation for those violations found in 16 RCNY § 19-106, shall be:

      (1)   a violation by the same respondent of any provisions of the rules found in 16 RCNY Chapter 8, or of § 16-117.1 of the New York City Administrative Code, and

      (2)   where the date of occurrence of the current violation is within two years of the date of the prior violation.

   (h)   For those violations found in 16 RCNY § 19-106, where a hearing officer finds that the respondent is a worker, defined as an individual employee working under the direction of another whose job duties permit no exercise of judgment or discretion), the penalty will be $500.

(Added City Record 5/5/2017, eff. 6/4/2017; amended City Record 10/15/2021, eff. 11/14/2021)