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NY A00105

Bill

Status

Introduced

1/5/2011

Primary Sponsor

Kevin Cahill

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Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Expands the definition of "custom home" to include residences designed for occupancy of not more than two families living separately, in addition to single-family residences.

  • Increases civil penalties for home improvement contractors who make false or fraudulent written representations from $500 to up to $2,000, plus reasonable attorney's fees.

  • Establishes escalating penalties for substantial violations: civil penalty up to $2,500 for first violation, Class A misdemeanor with six-month mandatory imprisonment for second violation within three years, and Class E felony with one-year mandatory imprisonment for third or subsequent violation within three years.

  • Creates a tiered penalty structure for technical violations: up to $100 civil penalty for first violation, $250 fine for second violation within three years, and Class B misdemeanor with three-month mandatory imprisonment for third or subsequent violation within three years.

  • Authorizes the Attorney General to prosecute crimes under the home improvement contractor regulations.

Legislative Description

Enhances protections for homeowners who have paid contractors, subcontractors, and material suppliers for home improvements; enhances penalties, civil and criminal for violations of the consumer protection provisions of the Home Improvement Contracts article of the general business law; authorizes the attorney general to prosecute crimes under that article.

Last Action

referred to judiciary

1/5/2011

Committee Referrals

Judiciary1/5/2011

Full Bill Text

No bill text available