Garages and Parking Lots

NYC Admin. Code tit. 20, ch. 2, subch. 17

in effect

NYC Admin. Code § 20-320 Definitions.

§ 20-320 Definitions. As used in this subchapter, the following terms shall mean and include: 1. "Garage." A building, shed or enclosure or any portion thereof which has the capacity to hold five or more motor vehicles and which is used to accommodate, store, or keep any motor vehicle for the payment of a fee or other consideration charged directly or indirectly. 2. "Parking lot." Any outdoor space or uncovered plot of ground which has the capacity to hold five or more motor vehicles and is used to accommodate, store, or keep any motor vehicle for the payment of a fee or other consideration, charged directly or indirectly.

NYC Admin. Code § 20-321 License required; fees; term.

§ 20-321 License required; fees; term. a. It shall be unlawful for any person to maintain, operate or conduct a garage or parking lot without a license therefor issued by the commissioner. b. A license to maintain, operate or conduct a garage or parking lot shall be granted to a person of good character, in accordance with the provisions of this subchapter and the rules and regulations of the commissioner. c. The biennial fee for every such license or renewal thereof shall be as follows: 1. For each garage or parking lot which has the capacity to hold not more than twenty-five motor vehicles, three hundred dollars. 2. For each garage or parking lot which has the capacity to hold twenty-six, and not more than fifty motor vehicles, three hundred eighty dollars. 3. For each garage or parking lot which has the capacity to hold fifty-one and not more than one hundred motor vehicles, five hundred forty dollars. 4. For each garage or parking lot which has the capacity to hold more than one hundred motor vehicles, six hundred ninety dollars. d. A commuted license may be issued for a period not exceeding any four months in the year at one-half the fees provided for hereinabove, except that the minimum rate for any such commuted license shall not be less than one hundred fifty dollars. e. Notwithstanding the provisions above, a fee of three hundred dollars shall be paid for a license to conduct a garage or parking lot maintained, operated or conducted under thirty-day permits issued by the city, any agency thereof, or the transit authority. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/044.

NYC Admin. Code § 20-322 Exemptions.

§ 20-322 Exemptions. The provisions of this subchapter shall not apply to the maintenance, operation or conduct of a garage or parking lot: a. by the city or any agency thereof; b. in conjunction with a business for the exclusive accommodation of patrons of such business or the employees of such business; or c. by the owner or lessee of a multiple dwelling for the exclusive accommodation of the tenants or residents of such multiple dwelling. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/044.

NYC Admin. Code § 20-323 Applications.

§ 20-323 Applications. Each applicant for such license shall file with the commissioner a written application in such form and containing such information as may be prescribed by the commissioner.

NYC Admin. Code § 20-324 Rate schedules; change of rates.

§ 20-324 Rate schedules; change of rates. a. Every applicant for a license to maintain, conduct or operate a parking lot or garage shall file with the commissioner a schedule of rates showing the prices charged daily, weekly, and monthly for parking or storage of motor vehicles. b. Each such licensee shall post conspicuously at the public entrance to the garage or parking lot a sign composed of letters and figures of such size, height, width, spacing, color and description as shall be prescribed by the rules and regulations of the commissioner. Such sign shall set forth the schedule of rates charged, the hours during which such garage or parking lot will remain open for business, and the maximum capacity of such garage or parking lot. Where more than one rate is charged for the parking or storage of a motor vehicle, the letters and figures designating each such rate shall be of the same size and dimensions. c. No licensee shall make any charge for parking or storing in a garage or parking lot in excess of the rates set forth in the schedule filed with the commissioner, unless and until at least sixty days prior to the effective date of such changed rates, such licensee has filed with the commissioner, in writing, such change in rates and has posted such changed rates on signs which conform with the requirements of subdivision b hereof.

NYC Admin. Code § 20-325 License not transferable.

§ 20-325 License not transferable. No license issued under the provisions of this subchapter shall be transferred or assigned to any person or used by any person, other than the licensee to whom it was issued, nor shall such license be used at any location other than the location stated in such license.

NYC Admin. Code § 20-326 Claim checks.

§ 20-326 Claim checks. Every licensee, at the time of accepting a motor vehicle for parking or storage, shall furnish to the driver of such vehicle a distinctive claim check acknowledging the receipt of the vehicle and showing the date of such acceptance. Every such claim check shall contain the name of the licensee and his or her license number. Such licensee shall not be required to issue a claim check for any vehicle which is parked or stored on a weekly or monthly basis, nor for any vehicle parked in a parking lot where the patrons are permitted to park and lock their own cars.

NYC Admin. Code § 20-327 Limitation on number of vehicles; manner of storage.

§ 20-327 Limitation on number of vehicles; manner of storage. a. No motor vehicle shall be accepted by a licensee for parking, or storage, in excess of the capacity of the garage or parking lot, as shown in the license. Whenever the maximum capacity of a garage or parking lot has been reached, the licensee shall post, at the public entrance thereof, a sign, composed of letters of such size, height, width, spacing, color and description as shall be prescribed by the rules and regulations of the commissioner, stating that such maximum capacity has been reached. b. Vehicles shall be stored or parked on the licensed premises in such manner as shall be prescribed by the rules and regulations of the commissioner, for the purpose of safeguarding persons and property and permitting adequate inspection of the premises.

NYC Admin. Code § 20-327.1 Bicycle parking spaces.

§ 20-327.1 Bicycle parking spaces. a. Applicability. 1. i. The operator of every garage and parking lot that has an authorized capacity of one-hundred or more motor vehicles shall provide and maintain parking spaces for bicycles in accordance with the provisions of this section. ii. Two years after the effective date of the local law that added this section, the operator of every garage and parking lot that has an authorized capacity of fifty-one or more motor vehicles shall provide and maintain parking spaces for bicycles in accordance with the provisions of this section. 2. The requirements of subdivisions a through f of this section shall not apply to buildings or parking lots that comply with the bicycle parking provisions of sections 25-80, 36-70 and 44-60 of the zoning resolution of the city of New York. 3. Waiver. The operator of a garage or parking lot subject to the provisions of this section may apply to the commissioner for a waiver from the requirements of this section on the grounds that compliance with this section will result in a violation of otherwise applicable zoning regulations, including, but not limited to zoning regulations determining the number of required automobile parking spaces a garage or parking lot shall have. Prior to applying for such waiver, such operator of a garage or parking lot shall submit to the commissioner of buildings a certification from a registered design professional and other supporting additional documentation as such commissioner may require, including, but not limited to, floor plans and diagrams of the garage or parking lot in anticipation of the waiver application. Upon complete submission of all required documentation, the commissioner of buildings shall within forty days review the documentation submitted by the operator, and shall provide to the operator a written recommendation, of whether compliance would be impracticable because of the requirements of applicable zoning regulations. The operator shall submit such recommendation to the commissioner as part of its waiver application, and the resulting written grant or denial of such application by the commissioner shall be final. b. Bicycle parking spaces in garages and lots. 1. The operator of every garage or lot subject to the provisions of this section shall maintain: (i) racks, hooks, poles or other devices to which bicycles can be secured; and (ii) locks, chains or other devices with which to secure them. Such devices shall enable the garage or lot to park and secure at least one bicycle for every ten automobile parking spaces provided, up to two hundred automobile parking spaces. Thereafter, the garage or lot shall be equipped to park one bicycle for every one hundred automobile parking spaces. Fractions equal to or greater than one-half resulting from this calculation shall be deemed to require parking for one bicycle. Parking garages or lots that permit customers to park and lock their bicycles using the customers' own locks, chains or other devices with which to secure such bicycles shall be required to maintain locks, chains or other devices with which to secure bicycles sufficient to accommodate customers who do not have their own lock, chain or other device with which to secure their bicycles. 2. A bicycle parked in a garage or lot that is subject to the provisions of this section shall be parked at least two feet away from any motor vehicle. 3. Bicycles parked pursuant to this section shall be locked to a rack, pole or other device capable of securing the bicycle, or shall be hung on the wall from a securely anchored rack or hook to which the bicycle frame and at least one wheel shall be locked. Such requirements for racks, poles, or hooks and locks, chains or other securing devices shall not be required where a parking garage or lot provides bicycle parking in a location that prohibits any person other than employees of the facility from parking or removing the bicycle from the garage or lot. c. Bicycle parking racks, hooks, poles or other devices used by garage or lot operators to secure bicycles shall be of sufficient strength and design to resist vandalism and theft. d. Bicycle parking shall be accessible to bicycle owners/operators to at least the same extent as vehicle parking is accessible to vehicle owners/operators. The operator of a garage or lot subject to this section shall not refuse to provide parking for a bicycle unless there is no room for such bicycle at that time because the total number of bicycles required to be accommodated by paragraph one of subdivision b of this section has been met. e. The operator of every garage and parking lot that is subject to the provisions of this section shall file with the commissioner a schedule of rates showing the prices charged daily, weekly, and monthly for parking and storage of bicycles. f. No operator of a garage or parking lot subject to the provisions of this section shall make any charge for parking or storage of a bicycle in excess of the rates set forth in the schedule filed with the commissioner, unless at least sixty days prior to the effective date of such changed rates, such operator has filed with the commissioner, in writing, such change in rates and has posted such changed rates on signs which conform with the requirements of subdivision h of this section. g. The operator of each garage or parking lot subject to the provisions of this section shall post conspicuously at the public entrance to the garage or parking lot a sign composed of letters and figures of such size, height, width, spacing, color and description as shall be prescribed by the rules of the commissioner. Such sign shall set forth the rate to be charged by such garage or parking lot for bicycle parking, the hours during which such garage or parking lot will remain open for business and the minimum capacity of bicycles of such garage or parking lot. h. Bicycles unclaimed after sixty days shall be considered abandoned property and shall become the property of the operator of the garage or parking lot. i. Within twelve months after the effective date of the local law that added this section, the commissioner shall submit a report to the council regarding the effectiveness of this local law at increasing the capacity of parking for bicycles in garages. Such report shall contain, among other things, the number and location of bicycle parking spaces and rate of usage of such spaces.

NYC Admin. Code § 20-328 Unauthorized use.

§ 20-328 Unauthorized use. a. Definition. Whenever used in this section, unauthorized use shall mean any and all unlawful act or acts and any activity not expressly permitted by the owner, lessor or operator of any property. b. The commissioner shall receive and investigate complaints concerning the unauthorized use of parking lots during the hours when such parking lots are not in operation. c. Upon due notice and hearing the commissioner shall be empowered to order remedies to cure such unauthorized use including but not limited to requiring that the licensee lock or guard the parking lot when it is not in operation. d. The commissioner shall promulgate such regulations as may be necessary to effectuate the purpose of this section.

NYC Admin. Code § 20-329 Payments of judgments.

§ 20-329 Payments of judgments. Every license issued pursuant to this subchapter shall be subject to suspension or revocation upon the failure of such licensee to pay or satisfy any judgment secured against him or her by anyone who stored or parked a motor vehicle in the garage or parking lot licensed hereunder, provided that such judgment was secured in a court of competent jurisdiction against the licensee for acts of commission or omission with regard to the business maintained, operated or conducted by him or her pursuant to the license issued hereunder.

NYC Admin. Code § 20-330 Regulations.

§ 20-330 Regulations. The commissioner may promulgate such rules and regulations as may be necessary to carry out the provisions of this subchapter.

NYC Admin. Code § 20-331 Revocation, suspension or renewal of license.

§ 20-331 Revocation, suspension or renewal of license. Any license may be suspended or revoked by the commissioner, and any application for a renewal thereof denied, for the failure of the licensee to comply with any applicable provision of law or any rule or regulation duly promulgated by the commissioner.

NYC Admin. Code § 20-332 Violation.

§ 20-332 Violation. a. Any person who violates any of the provisions of this subchapter or any rule or regulation promulgated thereunder shall be subject to a civil penalty of one hundred seventy-five dollars for the first violation, three hundred dollars for the second violation and five hundred dollars for the third and any subsequent violation; except that a person shall be subject to a civil penalty of zero dollars for a first-time violation of subdivision b of section 20-324, paragraph 1 of subdivision b of section 20-327.1, or subdivision g of section 20-327.1 of this subchapter and any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-324, paragraph 1 of subdivision b of section 20-327.1, or subdivision g of section 20-327.1 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. b. Notwithstanding any inconsistent provision of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of section 20-326 or paragraph 2 of subdivision b of section 20-327.1 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first violation shall inform the respondent of the provision of law or rule the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates section 20-326 or paragraph 2 of subdivision b of section 20-327.1 of this subchapter shall be subject to a civil penalty of one hundred seventy-five dollars for a second violation and a civil penalty of three hundred dollars for a third or subsequent violation. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153 and L.L. 2021/080.

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/0-0-0-135444Fetched: 10/24/2026