What's happening
This bill amends the definition of "home improvement" in New York City law by removing new construction from its scope.
Why it matters
Clarifies the Scope of Regulation. By removing “the construction of a new home or building” from the definition of “home improvement,” the bill narrows the category of work regulated under NYC’s home improvement contractor laws, potentially reducing compliance costs and regulatory burdens for contractors engaged solely in new construction.
Impacts Consumer Protections. Homeowners building entirely new homes will no longer have the specific consumer protections, licensing requirements, and dispute processes that apply to home improvement work, which may affect how disputes or quality issues are resolved in new construction projects.
Affects Contractor Licensing and Enforcement. Contractors who only build new homes or buildings will not need to obtain a home improvement contractor license under this law, altering who is subject to oversight by the Department of Consumer Affairs and possibly changing the landscape of the contracting business in New York City.
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Who cares
Headline styles
Bar Unlicensed Builders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Reported and committed to rules
- Referred to cities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1418
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in relation to home improvement contractors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 20-386 of the administrative code of the city of New York, as amended by local law 23 of the city of New York for the year 1996, is amended to read as follows:
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)] (ii) residences owned by or controlled by the state or any municipal subdivision thereof, or [(iv)] (iii) painting or decorating of a building, residence, home or apartment, when not incidental or related to home improvement work as [herein] defined in this section. 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.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01221-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to home improvement contractors
Purpose
To prohibit home improvement contractors from continuing to work on new construction if the home improvement contractor license is revoked.
Summary of provisions
Section 1 of this bill amends subdivision 2 of section 20-386 of the administrative code of the city of New York by removing (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."
Section 2 of this bill states that this act shall take effect on the ninetieth day after it shall have become a law.
Justification
Currently a person or business must have a Home Improvement Contractor license from the NYC Department of Consumer Affairs if engaged in construction, repair, remodeling, or addition to any land or building used as a residence.
However "new construction" is specifically excluded from the definition of home improvement under NYC Admin Code Section 20-386 (2) (i). This bill would prohibit contractors from continuing to work on new construction if their home improvement license is revoked by removing this exclusion from the definition of "home improvement".
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.