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S2068Senate2009-2010 Session

Requires home improvement contractor to be licensed by municipality in which it does business

Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Who cares

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Sponsors

History

  1. Referred to consumer protection
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.452
  6. Print number 2068a
  7. Amend and recommit to codes
  8. Reported and committed to codes
  9. Referred to consumer protection

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to licensing of home improvement contractors

Purpose

Prohibits a home improvement contract to conduct business without obtaining a license issued by the municipality in which the business is to be conducted, Imposes a civil penalty for violators and for home improvement contractors who do not complete work, or such work is deemed unsatisfactory by the Court.

Summary of provisions

Prohibits a home improvement contractor from conducting business without obtaining a license from the municipality in which the business is to be conducted. Allows a municipality, upon a violation, to may make an application to a court or justice to enjoin and restrain the continuance of such violation, Also, allows the court to impose a civil penalty, not to exceed $500, and enjoin a contractor from conducting business for up to one year. Provides that the same remedies be imposed when a home improvement contractor fails to complete work for which payment has been remitted by the owner or, when such completed work is not to the satisfaction of the owner in the court's judgment.

Existing law

General Business Law - Article 36-A Home Improvement Contracts _ requires that home improvement contracts be in writing and establishes the criteria for such contracts. However, the law does not require the licensing of such contractors by the municipality in which a homeowner resides.

Justification

Many homeowners, particularly, senior citizens are subjected to unscrupulous home improvement contractors, who fail to complete work or perform unsatisfactory work. A lot of these contractors are in actuality "handymen", who present themselves as qualified home improvement contractors. This bill would provide protection for homeowners against fraudulent home improvement practices by requiring such contractors to be licensed. It would also provide a means for homeowners, who are victims, to be compensated for unfinished or poor work.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the one hundred first of January next succeeding the date on which it shall have become a law and all ordinances or local laws necessary for the implementation of this act shall be enacted by the following of January.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.