Home Improvement Business

NYC Admin. Code tit. 20, ch. 2, subch. 22

in effect

NYC Admin. Code § 20-385 Legislative declaration.

§ 20-385 Legislative declaration. It is the purpose of the city council in enacting this subchapter to safeguard and protect the homeowner against abuses and fraudulent practices by licensing persons engaged in the home improvement, remodeling and repair business.

NYC Admin. Code § 20-386 Definitions.

§ 20-386 Definitions. 1. "Persons" means an individual, firm, company, partnership or corporation, trade group or association. 2. "Home improvement" means the construction, repair, replacement, remodeling, alteration, conversion, rehabilitation, renovation, modernization, improvement, or addition to any land or building, or that portion thereof which is used or designed to be used as a residence or dwelling place and shall include but not be limited to the construction, erection, replacement, or improvement of driveways, swimming pools, terraces, patios, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements to structures or upon land which is adjacent to a dwelling house. "Home improvement" shall not include (i) the construction of a new home or building or work done by a contractor in compliance with a guarantee of completion of a new building project, (ii) the sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials, (iii) residences owned by or controlled by the state or any municipal subdivision thereof, or (iv) painting or decorating of a building, residence, home or apartment, when not incidental or related to home improvement work as herein defined. Without regard to the extent of affixation, "home improvement" shall also include the installation of central heating or air conditioning systems, central vacuum cleaning systems, storm windows, awnings or communication systems. 3. "Building" means any structure containing no more than four residences or dwelling units. 4. "Owner" means any homeowner, cooperative shareholder, condominium unit owner, tenant, or any other person who orders, contracts for or purchases the home improvement services of a contractor or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract. 5. "Contractor" means any person, other than a bona fide employee of the owner, who owns, operates, maintains, conducts, controls or transacts a home improvement business and who undertakes or offers to undertake or agrees to perform any home improvement or solicits any contract therefor, whether or not such person is licensed or subject to the licensing requirements of this subchapter, and whether or not such person is a prime contractor or subcontractor with respect to the owner. 6. "Home improvement contract" means an agreement, whether oral or written, or contained in one or more documents, between a contractor and an owner, or contractor and a tenant, regardless of the number of residences or dwelling units contained in the building in which the tenant resides, provided said work is to be performed in, to or upon the residence or dwelling unit of such tenant, for the performance of a home improvement and includes all labor, services and materials to be furnished and performed thereunder. 7. "Licensee" means a person permitted to engage in the home improvement business under the provisions of this subchapter. 8. "Home improvement establishment" means any shop, establishment, place or premises where the home improvement business is transacted or carried on. 9. "Salesperson" means any individual who negotiates or offers to negotiate a home improvement contract with an owner, or solicits or otherwise endeavors to procure in person a home improvement contract from an owner on behalf of a contractor, or for himself or herself should the salesperson be also the contractor, whether or not such person is licensed or subject to the licensing requirements of this subchapter. (Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020)

NYC Admin. Code § 20-387 License required.

§ 20-387 License required. (a) No person shall solicit, canvass, sell, perform or obtain a home improvement contract as a contractor from an owner without a license therefor. (b) A license issued pursuant to this subchapter may not be construed to authorize the licensee to perform any particular type of work or engage in any kind of business which is reserved to qualified licensees under separate provisions of state or local law, nor shall any license or authority other than that which is issued or permitted pursuant to this subchapter authorize engaging in the home improvement business. (Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020)

NYC Admin. Code § 20-388 Fees; term.

§ 20-388 Fees; term. a. There shall be a biennial fee of $200 for a license to conduct a home improvement business. When a license is lost, destroyed or mutilated, a duplicate license shall be issued free of charge and no fee shall be charged or collected therefor. (Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020; Am. L.L. 2025/183, 12/12/2025, eff. 9/8/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/183.

NYC Admin. Code § 20-389 License not assignable; posting required; removal.

§ 20-389 License not assignable; posting required; removal. a. No license shall be assignable or transferable. b. A license issued hereunder shall at all times be posted in a conspicuous place in the place of the licensee. c. Every licensee shall within ten days after a change of control in ownership, or of management, or of change of address or trade name notify the commissioner of each change. d. A duplicate license may be issued for one lost or mutilated and shall bear the word "duplicate" stamped across its face. e. Commissioner's powers. In addition to the powers and duties elsewhere prescribed in this subchapter, the commissioner shall have power: (1) To appoint an adequate number of assistants, inspectors and other employees as may be necessary to carry out the provisions of this subchapter, to prescribe their duties, and to fix their compensation within the amount appropriated therefor; (2) To examine the qualifications and fitness of applicants for licenses under this subchapter; (3) To keep record of all licenses issued, suspended or revoked; (4) At any time to require reasonable information of an applicant or licensee, and may require the production of books of accounts, financial statements, contracts or other records which relate to the home improvement activity, qualification or compliance with this subchapter by the licensee provided, however, that said information and production of records is required of him or her pursuant to its regular business and functions under this subchapter.

NYC Admin. Code § 20-390 Application; fingerprinting.

§ 20-390 Application; fingerprinting. 1. An application for a license or renewal thereof shall be made to the commissioner on a form prescribed by him or her. 2. A separate license shall be required for each place of business. 3. The application shall be filed only by the actual owner of a business, shall be in writing, signed and under oath; it shall contain the office address of the business; the name and residence address of the owner or partner and if a corporation, trade group or association, the names and resident addresses of the directors and principal officers. 4. The commissioner may require the names and residence addresses of any employees of an applicant, in addition to any other information which he or she may deem advisable. 5. Each applicant shall be over eighteen years of age and of good character. 6. Each applicant for a license or renewal thereof shall submit either (i) documentation satisfactory to the commissioner of the applicant's certification from the federal environmental protection agency, as required by subparts E and L of part 745 of title 40 of the code of federal regulations or successor regulations, or (ii) a signed affirmation that such certification is not required for any home improvement work performed by such applicant, in accordance with the rules of the department. Documentation of a certification submitted with an application for a license or a renewal thereof must include the name, EPA certificate number of the applicant, and the expiration date of such EPA certificate. 7. The commissioner shall require that applicants for licenses issued pursuant to this subchapter be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services. 8. Each application for a license to solicit, canvass, sell, perform or obtain a home improvement contract as a contractor from an owner, or for renewal thereof, filed on or after the effective date of the local law which added this subdivision shall contain such information prescribed by the commissioner as sufficient to verify the applicant's compliance with the requirements specified in subdivision four of section seventy-one-a of the lien law. (Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020)

NYC Admin. Code § 20-391 Rules and regulations.

§ 20-391 Rules and regulations. The commissioner may make such rules and regulations not inconsistent with the provisions of this subchapter, as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the investigation and examination of applicants and their qualifications, and the other matters incidental or appropriate to his or her powers and duties as prescribed by this subchapter and for the proper administration and enforcement of the provisions of this subchapter, and to amend or repeal any such rules and regulations.

NYC Admin. Code § 20-392 Fines; issuance, renewal, suspension and revocation of license.

§ 20-392 Fines; issuance, renewal, suspension and revocation of license. a. The commissioner shall have the power to impose a fine not to exceed one thousand dollars upon a licensee and/or suspend or revoke a license or deny an application for the issuance or renewal of a license for any one or more of the following causes: 1. Fraud, misrepresentation, or bribery in securing a license. 2. The making of any false statement as to a material matter in any application for a license. 3. The person or the management personnel of the contractor are untrustworthy or not of good character. 4. The business transactions of the contractor have been or are marked by a practice of failure to timely perform or complete its contracts, or the manipulation of assets or accounts, or by fraud or bad faith, or is marked by an unwholesome method or practice of solicitation of business from owners. 5. Failure to display the license as provided in this subchapter. 6. Failure to comply with any demand or requirement lawfully made by the commissioner. 7. When an agent or employee of a licensee has been guilty of an act of omission, fraud, or misrepresentation and the licensee has approved or had knowledge thereof. 8. Violation of any provision of this subchapter or any rule or regulation adopted hereunder or for performing or attempting to perform any act prohibited by this subchapter. 9. Violation of any provision of subchapters one, two or three of title twenty-six or subchapter one of title twenty-seven of this code, or any rule adopted thereunder or for performing or attempting to perform any act prohibited by such subchapters, provided that the commissioner shall suspend or revoke the license of any licensee who continues to work in violation of a stop-work notice or order issued pursuant to section 26-118 of this code. b. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter and chapter one of this title, the commissioner, after notice and an opportunity to be heard, may refuse to issue or renew, or may suspend or revoke, a license required under this subchapter if the applicant or licensee, or any of its principals, officers or directors, or any of its stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/065.

NYC Admin. Code § 20-393 Prohibited acts.

§ 20-393 Prohibited acts. The following acts are prohibited: 1. Deviation from or disregard of the plans or specifications or any terms and conditions agreed to under a home improvement contract in any material respect without the written consent of the owner; 2. Making any substantial misrepresentation in the solicitation or procurement of a home improvement contract, or making any false promise of character likely to influence, persuade or induce; 3. Any fraud in the execution of, or in the material alteration of, any contract, mortgage, promissory note or other document incident to a home improvement transaction; 4. Acting as an agent for any owner or any finance or mortgage company to arrange for or to obtain an extension of credit which is used to pay for an owner's obligations under a home improvement contract, unless the instrument evidencing such owner's indebtedness complies with subdivision b of 16 CFR § 433.2 and the licensee complies with section 771-a of the general business law; 5. Directly or indirectly publishing any advertisement relating to home improvements which contains an assertion, representation or statement of fact which is false, deceptive, or misleading, provided that any advertisement which is subject to and complies with the then existing rules, regulations or guides of the federal trade commission shall not be deemed false, deceptive or misleading; or by any means advertising or purporting to offer the general public any home improvement work with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public; 6. Wilful or deliberate disregard and violation of the building, sanitary, fire and health laws of this city; 7. Failure to notify the commissioner of any change or control in ownership, management or business name or location; 8. Conducting a home improvement business in any name other than the one in which the contractor is licensed; 9. Wilful failure to comply with any order, demand, rule, regulation or requirement made by the commissioner pursuant to provisions of this subchapter; 10. As part of or in connection with the inducement to make a home improvement contract, no person shall promise or offer to pay credit, or allow to a buyer any compensation or reward for the procurement of a home improvement contract with others; 11. Failing to perform work under a home improvement contract in a skillful and competent manner; 12. Procuring a certificate of completion from an owner prior to the actual completion of performance by the contractor under a home improvement contract; 13. Including any provision or clause in a home improvement contract whereby the owner waives or is barred from asserting any rights, claims, defenses or remedies available to an owner under this subchapter or any rules promulgated pursuant thereto; 14. Failing to comply with subdivision four of section seventy-one-a of the lien law; 15. [Reserved.] 16. a. As a part of or in connection with the inducement to enter any home improvement contract, no person shall promise or offer to pay, credit, or allow to any owner, compensation or reward for the procurement or placing of home improvements business with others. b. No contractor shall offer, deliver, pay, credit or allow to the owner any gift, bonus award or merchandise, trading stamps, or cash loan as an inducement to enter a home improvement contract. c. A contractor may give tangible items to prospective customers for advertising or sales promotion purposes where the gift is not conditioned upon obtaining a contract for home improvement work; provided no such item shall exceed a cost value of two dollars and fifty cents and no owner and/or other person shall receive more than one such item in connection with any one transaction. 17. Notwithstanding any other provisions of this section, no person licensed under this subchapter shall, in connection with any home repair or home improvement, act as an agent for, or advertise, promote or arrange for the services of a lender or its affiliate to secure a home loan or a home improvement loan for or on behalf of an owner. 18. No contractor shall receive payment from the proceeds of a home improvement loan except by an instrument payable solely to the borrower or at the election of the borrower, through a third party escrow agent in accordance with terms established in a written agreement signed by the borrower, the lender and the contractor prior to disbursement. (Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/036.

NYC Admin. Code § 20-394 Waiver.

§ 20-394 Waiver. No acts, agreements or statements of an owner under a home improvement contract shall constitute a waiver of any provisions of this subchapter intended for the benefit or protection of the owner.

NYC Admin. Code § 20-394.1 Right of owner to cancel.

§ 20-394.1 Right of owner to cancel. A licensee shall furnish a notice to the owner that, in addition to any other right to revoke an offer, the owner may cancel a home improvement contract until midnight of the third business day after the day on which the owner has signed an agreement or offer to purchase relating to such contract or until midnight of the third business day after the day on which the owner receives the notice of his or her right to cancel, whichever occurs later. Cancellation occurs when written notice of cancellation is given to the home improvement contractor. Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation shall be sufficient if it indicates the intention of the owner not to be bound by such home improvement contract or offer to purchase relating to such contract. Notwithstanding the foregoing, this paragraph shall not apply to a transaction in which the owner has initiated the contact and the home improvement is needed to meet a bona fide emergency of the owner, and the owner furnishes the home improvement contractor with a separate dated and signed personal statement in the owner's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the home improvement contract within three business days.

NYC Admin. Code § 20-395 Duty to furnish estimate.

§ 20-395 Duty to furnish estimate. A home improvement contractor or any salesperson, employee or agent of such contractor shall affirmatively disclose that an estimate in writing of the materials and labor necessary for a specific home improvement job is available to any consumer. Upon request, such contractor shall make and furnish to the consumer such estimate. A reasonable fee may be charged for the estimate, which fee shall be disclosed to the consumer prior to the furnishing of the estimate and shall be itemized and reflected in the total estimated contract price.

NYC Admin. Code § 20-395.1 [Duty to furnish information about permits].

§ 20-395.1 [Duty to furnish information about permits]. a. Duty to furnish information about permits. Prior to the date of, or on the same date as, the execution of a home improvement contract or an amendment of such contract, a home improvement contractor shall provide a written notice to the owner regarding permits that are required to complete the work specified in such home improvement contract. The owner must sign and date such notice. The home improvement contractor shall disclose whether any permits are foreseeably required to complete the work specified in the home improvement contract, and, if so: 1. Which specific permits are required and who is responsible for obtaining such permits; 2. What actions need to be taken to obtain the required permits, including estimated fees for such permits; and 3. Instructions on how the owner can verify the status of such permits through city databases such as the buildings information system. b. The department shall develop and publish a template of the written notice required by subdivision a to be completed by home improvement contractors prior to the effective date of the local law that added this section. c. Outreach. Over a 1 year period beginning on the effective date of the local law that added this section, the department shall conduct outreach and education to all home improvement contractors to increase awareness of section 20-395.1. Educational materials distributed pursuant to this section shall be in plain language and made available in all the designated citywide languages, as defined in section 23-1101 of this code. Such educational materials shall also be available on the department's website. d. Penalties. Any home improvement contractor who violates subdivision a of this section shall be subject to a civil penalty of not more than $500 for each such violation. (L.L. 2025/181, 12/12/2025, eff. 6/10/2026)

NYC Admin. Code § 20-396 False or fraudulent representation; damages.

§ 20-396 False or fraudulent representation; damages. a. Any contractor, canvasser or seller of home improvements who shall knowingly make any false or fraudulent representations or statements or who makes or causes any such statements to be made in respect to the character of any sale, or the party authorizing the same, or as to the quality, condition, or value of any property offered by him or her for sale, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment not exceeding one year or by a fine not exceeding one thousand dollars. b. Any person who is induced to contract for home improvements in reliance on false or fraudulent representations or statements knowingly made, may sue and recover from such home improvement contractor or solicitor a penalty of five hundred dollars in addition to any damages sustained by him or her by reason of such statements or representations made by the contractor or by his or her agents or employees.

NYC Admin. Code § 20-397 Exceptions.

§ 20-397 Exceptions. No contractor's license shall be required in the following instances: 1. An individual who performs labor or services for a contractor for wages or salary. 2. A plumber, electrician, architect, professional engineer, or any other such person who is required by state or city law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession, or any person required to be licensed pursuant to article six-D of the general business law to engage in the business of installing, servicing, or maintaining security or fire alarm systems, and who is acting exclusively within the scope of the craft, profession or business for which he or she is currently licensed pursuant to such other law. 3. Any retail clerk, clerical, administrative, or other employee of a licensed contractor, as to a transaction on the premises of the contractor. 4. This subchapter shall not apply to or affect the validity of a home improvement contract otherwise within the purview of this subchapter which is made prior to October first, nineteen hundred sixty-eight. 5. Any home improvement, where the aggregate contract price for all labor materials and other items is less than two hundred dollars. This exemption does not apply where the work is only part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than two hundred dollars for the purpose of evasion of this provision or otherwise.

NYC Admin. Code § 20-398 Power to investigate.

§ 20-398 Power to investigate. If the commissioner upon reasonable cause should believe that any licensee or any other person has violated any of the provisions of this subchapter or any other law, relating to a home improvement business, he or she shall have the power to make such investigation as he or she shall deem necessary, and to the extent necessary for this purpose, he or she may examine such licensee or any other persons and shall have the power to compel the production of all relevant books, records, accounts, documents or other records.

NYC Admin. Code § 20-399 Hearings on charges; decision.

§ 20-399 Hearings on charges; decision. No license shall be suspended or revoked nor fine imposed until after a hearing had before an officer or employee of the department designated for such purpose by the commissioner upon notice to the licensee of at least ten days. The notice shall be served either personally or by first-class mail to the licensee at his or her last known address and shall state the date and place of the hearing and set forth the ground or grounds constituting the charges against the licensee. The licensee shall be heard in his or her defense either in person or by counsel and may produce witnesses and testify in his or her behalf. A stenographic or electronic record of the hearing shall be made and preserved. The hearing may be adjourned from time to time. The person conducting the hearing shall make a written report of his or her findings and a recommendation to the commissioner for a decision. The commissioner shall review such findings and the recommendation and, after due deliberation, shall issue an order accepting, modifying or rejecting such recommendation and dismissing the charges or suspending or revoking the license. For the purpose of this subchapter, the commissioner or any officer or employee of the department designated by him or her may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents deemed pertinent to the subject of investigation.

NYC Admin. Code § 20-400 Judicial review.

§ 20-400 Judicial review. The action of the commissioner in suspending, revoking or refusing to issue or renew a license may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil practice law and rules.

NYC Admin. Code § 20-401 Violations and penalties.

§ 20-401 Violations and penalties. 1. a. Any person who shall own, conduct or operate a home improvement business without a license therefor or who shall knowingly violate any of the provisions of this subchapter or any rules promulgated thereunder, with the exception of violations referred to in sections 20-395.1 and 20-396 of this subchapter, or having had his or her license suspended or revoked shall continue to engage in such business, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by imprisonment for not more than six months, or by a fine of not more than one thousand dollars, or both such fine and imprisonment, and each such violation shall be deemed a separate offense. b. In addition to the penalties provided by paragraph a of this subdivision and those provided by sections 20-105 and 20-106 of chapter one of this title, any person who violates any of the provisions of this subchapter shall be liable for a penalty of not more than one thousand dollars for each such violation. 2. The corporation counsel may bring an action in the name of the city to restrain or prevent any violation of this subchapter or any continuance of any such violation. 3. Where any violation of this subchapter is found to be willful or where such violation has posed a threat to the health or safety of the owner, the commissioner may order the contractor to pay to the owner an amount which shall not exceed three times the actual amount of any damages sustained by the owner as a result of such violations. (Am. L.L. 2025/181, 12/12/2025, eff. 6/10/2026)

NYC Admin. Code § 20-401.1 Violations for operating without a license; seizure; forfeiture.

§ 20-401.1 Violations for operating without a license; seizure; forfeiture. a. 1. For purposes of this section, the term "owner" shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of the vehicle and traffic law. 2. For purposes of this section, the term "security interest" shall mean a security interest as defined in subdivision k of section two thousand one hundred one of the vehicle and traffic law. 3. For purposes of this section, the term "unlicensed activity" shall mean the conduct of any activity for which a license is required pursuant to subdivision a of section 20-387 of this subchapter, without such license. b. Any police officer or authorized officer or employee of the department, upon service on the owner or operator of a vehicle of a notice of violation for engaging in unlicensed activity, may seize a vehicle which such police officer or authorized officer or employee has reasonable cause to believe is being used in connection with such violation. Any vehicle seized pursuant to this subdivision shall be delivered into the custody of the department or other appropriate agency. The commissioner shall hold a hearing to adjudicate the violation underlying the seizure within five business days after the date of seizure and shall render his or her determination within three business days after the conclusion of the hearing. Such determination shall also include a finding as to whether or not such vehicle was used in connection with such violation. c. An owner may obtain release of a vehicle seized pursuant to subdivision b of this section prior to the hearing provided for in such subdivision, if such owner has not previously been found to have engaged in unlicensed activity within a five-year period prior to the violation resulting in such seizure. The vehicle shall be released to an eligible owner upon the posting of an all cash bond in a form satisfactory to the commissioner in an amount sufficient to cover the maximum fines or civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and storage of such vehicle. d. After adjudication of the violation underlying the seizure, if the commissioner finds that the vehicle has not been used in connection with unlicensed activity, the department shall promptly release such vehicle upon written demand of its owner. e. After adjudication of the violation underlying the seizure, if the commissioner finds that the vehicle has been used in connection with unlicensed activity then: (i) if the vehicle is not subject to forfeiture pursuant to paragraph one of subdivision g of this section, the department shall release such vehicle to an owner upon payment of all applicable fines and civil penalties and all reasonable costs of removal and storage; or (ii) if the vehicle is subject to forfeiture pursuant to paragraph one of subdivision g of this section, the department may release such vehicle to an owner upon payment of all applicable fines and civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within ten days after the owner's written demand for such vehicle. f. Any vehicle that has not been claimed by the owner within ten days after adjudication by the commissioner of the violation underlying the seizure shall be deemed by the department to be abandoned. Such vehicle shall be disposed of by the department pursuant to section twelve hundred twenty-four of the vehicle and traffic law. g. 1. In addition to any other fine, penalty or sanction provided for in section 20-401 of this code, a vehicle seized pursuant to subdivision b of this section, and all rights, title and interest therein shall be subject to forfeiture to the city upon notice and judicial determination thereof if the owner of such vehicle has been found liable at least two times within a five-year period for engaging in unlicensed activity, and each of those determinations have included findings that a vehicle was used in connection with such violations. 2. A forfeiture action pursuant to this subdivision shall be commenced by the filing of a summons with a notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on all owners of the subject vehicle listed in the records maintained by the department of motor vehicles, or for vehicles not registered in the state of New York, in the records maintained by the state of registration. A vehicle which is the subject of such action shall remain in the custody of the department or other appropriate agency pending the final determination of the forfeiture action. 3. Notice of the institution of the forfeiture action shall be given by first-class mail to all persons holding a security interest in such vehicle, if such security interest has been filed with the department of motor vehicles pursuant to the provisions of title ten of the vehicle and traffic law, at the address set forth in the records of such department, or for vehicles not registered in the state of New York, all persons holding a security interest in such vehicle if such security interest has been filed with the state of registration and which persons are made known by such state to the department, at the address provided by such state of registration. 4. Any owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture may assert a claim in such action for the recovery of the vehicle or satisfaction of the owner's interest in such vehicle. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle subject to forfeiture may assert a claim in such action for satisfaction of such person's security interest in such vehicle. 5. Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in the vehicle pursuant to paragraph four of this subdivision, where such person establishes that: (i) the use of the vehicle for the conduct that was the basis for the seizure of the vehicle occurred without the knowledge of such person, or if such person had knowledge of such use, that such person did not consent to such use by doing all that could reasonably have been done to prevent such use, and that such person did not knowingly obtain such interest in the vehicle in order to avoid the forfeiture of such vehicle, or (ii) that the conduct that was the basis for such seizure was committed by any person other than such person claiming an interest in the vehicle, while such vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state. 6. The department or agency having custody of the vehicle, after judicial determination of forfeiture, shall, at its discretion, either (i) retain such vehicle for the official use of the city; or (ii) by public notice of at least five days, sell such forfeited vehicle at public sale. The net proceeds of any such sale shall be paid into the general fund of the city. 7. In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to one or more persons in satisfaction of such person's interest in the forfeited vehicle, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle after deduction of the lawful expenses incurred by the city, including reasonable costs of removal and storage of the vehicle between the time of seizure and the date of sale.

NYC Admin. Code § 20-402 Official acts used as evidence.

§ 20-402 Official acts used as evidence. The official acts of the commissioner and the department shall be prima facie evidence of the facts therein and shall be entitled to be received in evidence in all actions at law and other legal proceedings in any court or before any agency, board, body or officer.

NYC Admin. Code § 20-402.1 Education and outreach.

§ 20-402.1 Education and outreach. The department shall instruct and conduct public education on the consumer protection provisions of this subchapter, and the necessary licenses and permits that home improvement contractors must obtain to perform certain types of home improvement work, including but not limited to plumbing work, electrical work and the raising, lifting, elevating or moving of a home or building. Such instruction and public education shall be provided to home improvement contractors, homeowners and members of the public at least semiannually.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-33817Fetched: 10/24/2026