Small Businesses

NYC Admin. Code tit. 22, ch. 10

in effect

NYC Admin. Code § 22-1001 Definitions.

§ 22-1001 Definitions. As used in this chapter, the following terms have the following meanings: Commissioner. The term "commissioner" means the commissioner of small business services. Department. The term "department" means the department of small business services. Local CDFI. The term “local CDFI” means a financial institution that: (i) is certified as a community development financial institution by the federal department of the treasury; (ii) is authorized to do business in the state of New York; (iii) provides services to persons or businesses in the city; and (iv) has agreed to provide the department with information relating to services it provides, in order to be included on the department’s website in accordance with subparagraph (a) of paragraph 4 of subdivision a of section 22-1002. Microbusiness. The term "microbusiness" means a business that employs no less than one employee and no more than nine employees. (L.L. 2017/208, 11/17/2017, eff. 11/17/2017; Am. L.L. 2019/151, 8/23/2019, eff. 8/23/2019; Am. L.L. 2023/133, 10/15/2023, eff. 4/12/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/151.

NYC Admin. Code § 22-1002 Online business supports.

§ 22-1002 Online business supports. a. The commissioner shall post on the city's website online business tools and resources, including but not limited to: 1. Tools provided by the department, which may include accounting, recordkeeping and bookkeeping resources; 2. A searchable and interactive guide to aid current or prospective business owners in understanding city laws and rules applicable to such business, including the applicable licenses, permits, and certifications the owner must obtain. Such guide shall encompass provisions in the administrative code and the rules of the city of New York, including licensing, permitting, and operational requirements, that are applicable to the particular type of business. The guide shall include zoning information and a brief description of applicable regulations and requirements, written in plain language that is likely to be understood by business owners; and 3. (a) An online portal, created in coordination with the commissioner of information technology and telecommunications, to assist with procedures and requirements to establish and operate a small business in the city. Such portal shall have a mobile-friendly responsive design and shall facilitate the processes and procedures for establishing and operating a small business in the city. (b) The portal required by this paragraph shall be accessible from the department’s website in English and in each of the designated citywide languages as defined in section 23-1101. The portal shall make available all city applications and related information, including applications for permits and licenses, needed to open and operate a small business in the city, and provide for the submission of such applications directly from the portal. The portal shall enable a person to check the status of an application, including for a permit or license issued by the city, that was submitted by such person or is associated with such person’s small business. The portal shall also allow a person to settle or pay outstanding balances on notices of violation, or include a prominent link to a website that provides such capability. (c) No later than February 1, 2025, and by no later than February 1 of each year thereafter, the commissioner shall submit to the mayor and the speaker of the council a report on any updates to the portal implemented during the preceding calendar year. Such report shall also include the number of questions or complaints the department received about the portal during the preceding calendar year, and the average time taken to respond to such questions or complaints; 4. Information on loans and grants for small businesses which shall include, but need not be limited to: (a) Guidance on selecting a lender, including information about local CDFIs, which shall include, but need not be limited to, a directory of local CDFIs, and for each such local CDFI, a description of services provided by such local CDFI, the neighborhood or area of the city in which such local CDFI operates or provides services, and the types of loans offered by such local CDFI; (b) Information on specialized services that may be offered by banks for small businesses, such as a dedicated banking team, merchant services, business loans, or lines of credit; (c) Information on typical fees, interest rates, monthly charges, or balance requirements; (d) Potential advantages and disadvantages of having accounts at multiple banks; and (e) Information about federal deposit insurance corporation insurance coverage or other protections provided for small businesses deposits; (f) Loan readiness resources to help small businesses prepare for the lending process and understand the services offered by local CDFIs, including business plan development, preparation of financial documents and understanding loan application requirements; and 5. Such other tools and resources as the commissioner may deem appropriate. b. Within 30 days after the effective date of a change to a law or rule referenced in the guide or portal described in subdivision a of this section, the agency having primary jurisdiction over such law or rule shall inform the department of such change. 1. Within 30 days of being informed of such change, the department shall update the guide accordingly. 2. No later than January 1, 2025, and no later than January 1 of every third year thereafter, the commissioner, in coordination with the commissioner of information technology and communications, shall review the effectiveness of the portal in facilitating assistance with respect to the establishment and operation of small businesses in the city, and implement any updates or modifications to the portal deemed necessary and appropriate. Such review shall include a survey of small businesses. c. This section shall not be construed to create a private right of action to enforce its provisions or against the city for any action taken to comply with this section. Inadvertent failure of an agency or the department to comply with this section shall not prohibit the enforcement of or be a defense to any violation of any law or rule. (L.L. 2017/208, 11/17/2017, eff. 11/17/2017; Am. L.L. 2019/154, 8/23/2019, eff. 12/21/2019; Am. L.L. 2022/094, 10/18/2022, eff. 11/1/2023; Am. L.L. 2023/133, 10/15/2023, eff. 4/12/2024; Am. L.L. 2023/137, 10/15/2023, eff. 4/12/2024; Am. L.L. 2026/036, 1/17/2026, eff. 7/16/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/094.

NYC Admin. Code § 22-1003 Business services including training and education to small businesses.

§ 22-1003 Business services including training and education to small businesses. a. The department shall provide business services including training and education to small businesses regarding the following subjects: 1. Business operations, including the establishment and use of technological or other systems to deliver goods or services to customers efficiently, reduce costs, and maximize profits; 2. Marketing, including identifying market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, utilizing public relations and advertising techniques, engaging in e-commerce, and retail merchandizing; 3. Compliance obligations, including education about regulatory requirements and assistance in understanding laws and rules applicable to small businesses; and 4. Such other training and education as the commissioner may deem appropriate. b. The department shall conduct outreach to the small business community in order to advertise such training and education. c. No later than January 1, 2020, and on or before January 1 annually thereafter, the department shall submit to the mayor and the speaker of the council and post on the department's website an annual report regarding training and education offered to small businesses during the preceding fiscal year pursuant to this section. Such report shall include, but need not be limited to: 1. The total number of business services including training and education offered disaggregated by borough and whether such training and education was offered in multiple languages; 2. A general description of each business services including training and education offered; and 3. The total number of people who participated in each business services including training and education disaggregated by borough. (L.L. 2019/156, 8/23/2019, eff. 8/23/2019)

NYC Admin. Code § 22-1004 State of storefront businesses assessment.

§ 22-1004 State of storefront businesses assessment. a. Definitions. For the purposes of this section, the following terms have the following meanings: Storefront business. The term "storefront business" means a "ground floor commercial premises" as such term is defined in § 11-3001.* * Editor's note: Renumbered as section 11-3101 by L.L. 2022/095. Storefront business assessment. The term "storefront business assessment" means an analysis of a community district's storefront business environment, including, but not limited to, the following factors: (i) district demographics; (ii) number of storefront businesses; (iii) types of goods or services provided by storefront businesses and consumer spending by each type; (iv) number of vacant storefront properties; (v) physical conditions of storefront businesses, including interior and exterior conditions of businesses, both occupied by commercial tenants and vacant; (vi) built environment of the community district; (vii) challenges facing commercial tenants of storefront businesses; (viii) storefront business involvement with community based organizations; and (viii)* opportunities for promoting various types of commercial uses and improving the built environment within the community district. * Editor's note: As numbered in L.L. 2019/152. b. Beginning October 1, 2019 and no less frequently than once every three years thereafter, the department shall commence a storefront business assessment in at least twenty community districts in the city. As part of such assessment, the department shall distribute to and collect from storefront business owners in the district, a survey that shall include, but not be limited to, the following requests for information: 1. the business owners' demographic information; 2. the business owners' access to, and the accessibility of, information made publicly available by the department and other agencies to support storefront businesses; 3. business entity type and whether each storefront business is part of a franchise or chain; 4. number of owners and number of employees of each storefront business; and 5. number of years each storefront business has been located at its current location. Such assessment shall include input by at least one community based organization serving the district's storefront business community, or if no organization is available, a record of outreach to at least three organizations requesting their participation. c. By September 1, 2019, and every three years thereafter, the department shall submit to the Council a list of the community districts for which storefront assessments shall be commenced and the criteria for such selections. At the completion of each assessment, the department shall make the results of such assessment including all disaggregated non-identifying survey data, available on its website. d. The department, in consultation with the departments of city planning and finance, shall produce a report containing information related to storefront businesses citywide, which shall be disaggregated by community district, and include but need not be limited to the following factors: (i) the number of storefront businesses; (ii) the types of economic activity being conducted at such storefronts; (iii) data relating to numbers of employees at such storefronts; (iv) data relating to annual sales and sales tax data at such storefronts; (v) the number of vacant storefront businesses; and (vi) demographics. The department shall post such report on its website no later than 24 months after the local law that added this section takes effect and shall update such report annually. (L.L. 2019/152, 8/23/2019, eff. 8/23/2019; renumbered L.L. 2020/090, 9/27/2020, eff. 1/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/090.

NYC Admin. Code § 22-1005 Personal liability provisions in commercial leases.

§ 22-1005 Personal liability provisions in commercial leases. A provision in a commercial lease or other rental agreement involving real property located within the city, or relating to such a lease or other rental agreement, that provides for one or more natural persons who are not the tenant under such agreement to become, upon the occurrence of a default or other event, wholly or partially personally liable for payment of rent, utility expenses or taxes owed by the tenant under such agreement, or fees and charges relating to routine building maintenance owed by the tenant under such agreement, shall not be enforceable against such natural persons if the conditions of paragraph 1 and 2 are satisfied: 1. The tenant satisfies the conditions of subparagraph (a), (b) or (c): (a) The tenant was required to cease serving patrons food or beverage for on-premises consumption or to cease operation under executive order number 202.3 issued by the governor on March 16, 2020; (b) The tenant was a non-essential retail establishment subject to in-person limitations under guidance issued by the New York state department of economic development pursuant to executive order number 202.6 issued by the governor on March 18, 2020; or (c) The tenant was required to close to members of the public under executive order number 202.7 issued by the governor on March 19, 2020. 2. The default or other event causing such natural persons to become wholly or partially personally liable for such obligation occurred between March 7, 2020 and June 30, 2021, inclusive. (L.L. 2020/055, 5/26/2020, eff. 5/26/2020; Am. L.L. 2020/098, 9/28/2020, eff. 9/28/2020; Am. L.L. 2021/050, 4/25/2021, retro. eff. 3/31/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/098 and L.L. 2021/050.

NYC Admin. Code § 22-1006 Small business legal services.

§ 22-1006 Small business legal services. a. Definitions. For the purposes of this chapter, the following terms have the following meanings: Covered legal matter. The term "covered legal matter" means a legal matter related to a commercial lease, including but not limited to drafting and negotiation of lease terms, terminating a lease, and addressing other lease-related issues. Covered proceeding. The term "covered proceeding" means any proceeding in any court of competent jurisdiction against a covered small business tenant to: (i) Evict such tenant, including a summary proceeding to seek possession for the non-payment of rent or a holdover; or (ii) Terminate such tenancy; or (iii) Establish a breach of the terms of such tenant's commercial lease. Covered small business tenant. The term "covered small business tenant" means a business that is: (i) A lessee or sublessee in a commercial tenancy located in the city; (ii) Small, in accordance with the size standards set forth in section 121.201 of title 13 of the code of federal regulations; (iii) Not a franchisee, as such term is defined in section 681 of the general business law; and (iv) Owned and operated by one or more persons, all of whom are income-eligible individuals. Designated organization. The term "designated organization" means a person or entity licensed to provide legal services in New York and designated by the commissioner pursuant to this section, provided, however, that the commissioner may give preference to not-for-profit organizations when designating an organization pursuant to this section. In-court legal representation. The term "in-court legal representation" means ongoing legal representation provided by a designated organization to a covered small business tenant in connection with a covered proceeding, and all legal advice, advocacy, and assistance associated with such representation. In-court legal representation includes, but is not limited to, the filing of a notice of appearance on behalf of the covered small business tenant in a covered proceeding. Income-eligible individual. The term "income-eligible individual" means an individual whose annual gross household income is no more than 500 percent of the federal poverty guidelines. Legal services. The term "legal services" means out-of-court legal assistance and in-court legal representation. Out-of-court legal assistance. The term "out-of-court legal assistance" means the provision of individualized legal assistance or counseling regarding a covered legal matter provided by a designated organization to a covered small business tenant, but does not include any representation in a legal action or proceeding to enforce the terms of a lease or the filing of any papers or in-court appearance or representation by such designated organization. b. Provision of legal services to covered small business tenants. 1. Subject to appropriation, the commissioner shall provide, at no cost to a covered small business tenant, out-of-court legal assistance and may provide, at no cost to a covered small business tenant, in-court legal representation. 2. Any legal services performed by a designated organization pursuant to this section shall not supplant, replace, or satisfy any obligations or responsibilities of such designated organization pursuant to any other program, agreement, or contract. 3. Nothing in this section or the administration or application thereof shall be construed to create a private right of action on the part of any person or entity against the city or the department, or any official or employee thereof. c. Reporting. On or before October 1, 2022, and on or before October 1 every two years thereafter, the commissioner shall submit to the mayor and the speaker of the council a report on the operation of the provision of legal services provided pursuant to subdivision b of this section during the previous two fiscal years. Such report shall include, but need not be limited to: 1. The number of small businesses that received such legal services in the previous fiscal year, disaggregated by the following characteristics of such businesses: (a) Borough and postal code; (b) Number of persons employed by business; (c) Net income of business; and (d) Type of business as categorized by section 121.201 of subpart A of part 121 of title 13 of the code of federal regulations; 2. A description of the aggregate performance outcomes of designated organizations, information on the geographic areas for which such organizations provided legal services, and identification of the types of covered legal matters handled by designated organizations. d. Rules. To the extent the commissioner provides in-court legal representation pursuant to subdivision b of this section, the commissioner shall promulgate rules to implement the provision of such representation. Such rules shall include factors to be considered in providing such representation, including but not limited to, the procedural posture of such covered proceeding, the current operational capacity of the covered small business tenant, and compliance with applicable laws and rules by such tenant or person commencing the covered proceeding. (L.L. 2020/090, 9/27/2020, eff. 1/25/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/090.

NYC Admin. Code § 22-1007 Report on workforce1 career centers.

§ 22-1007 Report on workforce1 career centers. a. Definition. For purposes of this section, the term “workforce1 career center” means a program established by the department to provide job assistance and training opportunities to adults seeking employment. b. No later than January 31, 2024, and no later than January 31 of each year thereafter, the department shall submit to the mayor and the speaker of the council a report on the performance of workforce1 career centers during the prior fiscal year. Such report shall include a list of all workforce1 career centers in the city and for each such center, during the prior fiscal year: (i) the number of new registrants; (ii) the number of registrants who obtained employment utilizing the services of such center; and (iii) the number of registrants who received job training, disaggregated by industry. (L.L. 2023/128, 10/15/2023, eff. 10/15/2023)

NYC Admin. Code § 22-1008 Provision of regulatory education assistance.

§ 22-1008 Provision of regulatory education assistance. a. No later than January 1, 2027 and annually thereafter, the department shall coordinate with any other agency to develop and deliver services to educate small businesses within each borough regarding regulatory requirements. Such services shall include but not be limited to outreach and education specific to similarly situated small businesses within each borough, and may include other appropriate assistance as determined by the department. b. Any services developed pursuant to subdivision a of this section shall be made available as appropriate on the portal created pursuant to subdivision a of section 22-1002. Such services may also be provided as part of a business education event organized and conducted pursuant to section 20-706.2. c. The department shall include information on the services for small businesses provided pursuant to subdivision a of this section in the annual report required by subdivision c of section 22-1003. Such information shall include: 1. The total number of services offered regarding regulatory requirements, disaggregated by borough; 2. The primary sector or industry of businesses to which the services were provided pursuant to subdivision a of this section, if practicable; 3. Any other agency with which the department coordinated to develop and deliver such services; and 4. A list and short description of the services offered and the languages in which each such service was offered. (L.L. 2025/165, 11/28/2025, eff. 5/27/2026)

NYC Admin. Code § 22-1010 Small retail business security system program.

§ 22-1010 Small retail business security system program. a. Definitions. For purposes of this section, the following terms have the following meanings: Biometric identifier information. The term “biometric identifier information” has the same meaning as set forth in section 22-1201. Security system technology. The term “security system technology” means technology used to prevent, detect, or respond to retail theft, robbery, and criminal property damage, which may include digital video surveillance cameras, plexiglass windows, and panic buttons. Small retail business. The term “small retail business” means a business: 1. That occupies a ground floor commercial premises, as such term is defined in section 11-3101; 2. That employs no more than 50 employees; 3. That is not a franchise owned by a franchisee, as such terms are defined in section 681 of the general business law; and 4. That is a business where consumer commodities are sold, displayed or offered for sale, or where services are provided to consumers at retail. b. Security system technology program. Subject to appropriation, the department or another agency designated by the mayor shall, no later than August 1, 2027, establish a program to reimburse a small retail business or an owner of small retail businesses for the expense paid directly by such business or such owner for the purchase or installation of security system technology. The department or other administering agency shall reimburse the entirety, or a portion, of the actual cost incurred by such a business or an owner who demonstrates, to the satisfaction of the department or other administering agency, that for any such security system: 1. Such security system technology was purchased or installed after the effective date of the local law that added this section; and 2. Such security system does not use biometric identifier information. c. The department may design the program established pursuant to this section to ensure that expenditures that are eligible for a tax credit pursuant to section 845-e of the executive law are not eligible for coverage under the program. d. The department may promulgate rules regarding the implementation and eligibility of the program established pursuant to this section. (L.L. 2026/120, 7/30/2026, eff. 7/30/2026)

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/0-0-0-42569Fetched: 10/24/2026