Adjudicatory Hearings and Violation Fines and Penalties

RCNY tit. 24, ch. 7

in effect

24 RCNY § 7-01 Definitions.

§ 7-01 Definitions. When used in this Chapter, the following terms have the following meanings: Administrative Code or Admin. Code means the Administrative Code of the City of New York. Charter means the New York City Charter. Cure means that the respondent has submitted proof of having corrected a first-time violation and the Department has accepted such proof. Environmental Control Board means the board that exists in the OATH Hearings Division pursuant to Charter § 1049-a. First-time violation means a violation of law, listed in Appendix 7-A of this Chapter, committed by a respondent for the first time and cited on a summons that either is pending or has not been adjudicated by OATH as defaulted or sustained. NYCHC or Health Code means the New York City Health Code, found in Title 24 of the Rules of the City of New York. NYSPHL means the New York State Public Health Law. OATH means the New York City Office of Administrative Trials and Hearings (OATH). OATH Hearings Division includes the tribunal established by the Board of Health pursuant to Charter § 558 and transferred to OATH by Mayoral Executive Order 148 (2011). OATH Trials Division means the tribunal of OATH, established by Charter § 1048(1) to conduct adjudicatory hearings for all agencies of the City of New York. Premises means real property consisting of a building and land on which it is situated. "Same premises" means (i) a specific building, or (ii) a group of buildings co-located in a development owned by the same entity. RCNY means the Rules of the City of New York. Summons means a document, including a notice of violation, issued by the Department to a respondent, that specifies the charges forming the basis of an adjudicatory proceeding at the Office of Administrative Trials and Hearings. (Added City Record 11/9/2018, eff. 12/9/2018; amended City Record 2/3/2023, eff. 3/5/2023)

24 RCNY § 7-02 Adjudications Seeking Civil Fines.

§ 7-02 Adjudications Seeking Civil Fines. In accordance with Sections 1041 and 1046 of the Charter, adjudicatory hearings commenced by service of a civil summons or notice of violation seeking a civil fine or monetary penalty for violations of State and local law enforced by the Department shall be conducted by the OATH Hearings Division. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-03 Mandatory Fines and Penalties.

§ 7-03 Mandatory Fines and Penalties. (a) Fixed penalties. When a monetary fine or penalty for a violation enforced by the Department is specified in the Health Code, a rule of the Department, including in Appendix 7-A of this Chapter, or in any other applicable law, a hearing officer must impose that fine or penalty if the hearing officer sustains the violation. (b) Other Health Code violations. Fines imposed for Health Code violations that are not specified in Appendix 7-A of this Chapter or in another law or rule must be within the range provided in 24 RCNY Health Code § 3.11 or a successor provision. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-04 Fines for Unspecified Violations of 24 RCNY Health Code Articles 43 and 47.

§ 7-04 Fines for Unspecified Violations of 24 RCNY Health Code Articles 43 and 47. The penalty for a violation of any provision of 24 RCNY Health Code Article 47 (Child Care Programs) or Article 43 (School-Based Programs for Children Ages Three Through Five) that is not listed in Appendix 7-A of this Chapter shall be $200. The penalty must be doubled to $400 if the hearing officer finds the respondent in default. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-05 Escalation of Fines for Rodent Violations.

§ 7-05 Escalation of Fines for Rodent Violations. Pursuant to Administrative Code § 17-133.1, the standard fine for a violation of 24 RCNY Health Code § 151.02 of the Health Code that pertains to the eradication or elimination of rodents, rodent harborages or other rodent related nuisances must be $300. The fine for each subsequent violation at the same premises and under the same ownership or control within a two-year period must be double the amount of the penalty for the previous violation but may not exceed the maximum fine for any Health Code violation. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-06 Standing Water Violations.

§ 7-06 Standing Water Violations. The penalty for a violation of 24 RCNY Health Code § 151.03 shall vary depending on whether the accumulation of standing water that is the basis of the violation is determined to be minor, moderate or extensive. (a) Minor violations consist of small amounts of standing water and decomposing matter in one or more outdoor containers with a diameter of three to 24 inches and a capacity of five or fewer gallons of water. Examples of types of containers include trash cans, buckets, birdbaths, fountains, roof gutters and roof puddles and in accumulations of one to four tires. (b) Moderate violations consist of larger amounts of standing water and decomposing matter than the amounts stated for minor violations. These include ponded water accumulations of less than 10 square feet. Examples of where this amount of water and decomposing matter may be found include ditches, swimming pool covers, ponds, outdoor containers without lids holding five or more gallons of water and in accumulations of five to 20 tires. (c) Extensive violations consist of standing water and decomposing matter accumulations covering 10 or more square feet. Examples of where this amount of water and decomposing matter may be found include open foundation construction sites, swimming pools with stagnant untreated or improperly treated water and in accumulations of more than 20 tires. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-07 Fines for Other Repeat Violations.

§ 7-07 Fines for Other Repeat Violations. (a) Summons issued to the owner or other person in control of premises. For summonses alleging that the owner or person in control of a premises or regulated business has committed a "repeat violation" other than one provided for in 24 RCNY § 7-05, the hearing officer must impose the fine listed in Appendix 7-A of this Chapter for a repeat violation if, within the previous 12 months, the respondent was found to have violated the same provision of law at the same premises. (b) Summons issued to certain contractors. For any summons alleging that a contractor committed a repeat violation of 24 RCNY Health Code § 173.14 by disturbing lead based paint or paint of unknown lead content while performing work in a premises, the hearing officer must impose the fine specified in Appendix 7-A of this Chapter for a repeat violation if the hearing officer determines that the contractor violated the same provision of law in any premises during the previous 12 months. (c) Unproved repeat violation to be considered an initial violation. If a hearing officer finds that a respondent committed the violation alleged in the summons, but that the violation is not a repeat violation because the same provision of law was not violated within the previous 12 months, the hearing officer must impose the fine listed in Appendix 7-A of this Chapter for an initial violation of that provision. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-08 Defaults.

§ 7-08 Defaults. If a respondent fails to appear to answer a summons and is found in default, the penalty imposed for a violation of the Health Code must be twice the amount set forth in Appendix 7-A of this Chapter or $2,000, whichever is lower. Fines imposed when a respondent is found in default for violations of other provisions of law may not exceed the amount stated in Appendix 7-A of this Chapter. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-09 Other Adjudications.

§ 7-09 Other Adjudications. Pursuant to Section 1048 of the Charter, the Commissioner delegates to the OATH Trials Division authority to conduct hearings of matters pertaining to the enforcement of State and local law within the jurisdiction of the Department where an OATH administrative law judge shall make and submit recommended findings of fact, decisions, determinations and orders to the Commissioner who shall make final findings, determinations and orders in accordance with 24 RCNY Health Code Article 5 or other applicable law. Such hearings include but are not limited to matters where a respondent must be provided with a hearing or an opportunity to be heard and show cause why the Commissioner should not issue an order or take other action (i) to suspend or revoke a license, permit or registration of a business or activity whose operation or conduct is deemed detrimental to the public health; (ii) to abate nuisances or other detrimental health conditions, including closing, padlocking and sealing premises deemed a public nuisance; (iii) to require an entity to cease and desist from specific acts that endanger public health; or (iv) with respect to Department employee matters pursuant to New York Civil Service Law. (Added City Record 11/9/2018, eff. 12/9/2018)

24 RCNY § 7-10 Submitting Proof of Correction for Eligible First-Time Violations.

§ 7-10 Submitting Proof of Correction for Eligible First-Time Violations. (a) Submission of proof of correction must be in writing in a form approved or provided by the Department. (b) The proof must be submitted to the Department electronically or in person within seven (7) calendar days of the date the violation was issued as recorded on the summons. (c) The proof must be affirmed by the permittee or their authorized representative that it is complete and accurate to the best of such person's knowledge. (d) Submission of any false statements in support of a proof of correction may be subject to penalties prescribed for violations of 24 RCNY Health Code § 3.19 and other applicable law. (e) A permittee whose first-time violation is pending at OATH for adjudication is not eligible to submit a proof of correction for a subsequent identical violation. (Added City Record 2/3/2023, eff. 3/5/2023)

24 RCNY § 7-11 Acceptance of Proof of Correction for Eligible First-Time Violations.

§ 7-11 Acceptance of Proof of Correction for Eligible First-Time Violations. (a) The Department must accept proof of correction if it determines that the proof is adequately documented and submitted timely in accordance with 24 RCNY § 7-10. Acceptance of proof of correction constitutes a cure and an admission of the violation for all purposes, except as provided in subdivision (b) of this section. (b) A first-time violation whose proof of correction has been accepted by the Department will not be subject to a civil penalty. (c) The determination of whether a violation is a first-time violation shall be based solely on the records of the Department. (d) The Department may require further documentation in addition to the proof of correction and may inspect the establishment or take any other action as it deems necessary before acceptance or rejection of such proof. (e) Nothing in this Chapter limits the authority of the Department to conduct other inspections or take any other action it deems necessary to enforce any provision of law within the jurisdiction of the Department. (Added City Record 2/3/2023, eff. 3/5/2023)

24 RCNY § 7-12 Fines for Violations of New York City Health Code Articles 143, 161, 165, 167, 175 and 177 not Listed in Appendix 7-A.

§ 7-12 Fines for Violations of New York City Health Code Articles 143, 161, 165, 167, 175 and 177 not Listed in Appendix 7-A. The penalty for a violation of any provision of 24 RCNY Health Code Article 143 (Disposal of Sewage), Article 161 (Animals), Article 165 (Bathing Establishments), Article 167 (Bathing Beaches), Article 175 (Radiation Control), or Article 177 (Tanning Facilities) that is not listed in Appendix 7-A of this Chapter is $250. The penalty will be doubled to $500 if the respondent fails to appear to answer a summons and is found in default. (Added City Record 6/12/2025, eff. 7/12/2025)

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/NYCrules/0-0-0-42685Fetched: 10/24/2026