Suffolk County Home Improvement Licenses

Suffolk County Law Regarding Home Improvement Licenses

• Legislative Findings: The county legislature aims to enhance consumer protection by licensing home improvement professionals.

• Definitions (Business): Includes any occupation, profession, trade, craft, or hired calling.

• Definitions (Commissioner/Director): Refers to the Commissioner of the Department of Labor, Licensing, and Consumer Affairs.

• Definitions (Consumer): An individual who buys, leases, or agrees to buy/lease consumer goods/services or credit, including co-guarantors.

• Consumer Goods, Services, Credit and Debts: Primarily for personal, household, or family use.

• Definitions (Contract): An oral or written agreement covering work performance, including all associated labor, goods, and services.

• Deceptive Trade Practices: Any misleading oral or written statement, visual description, or other representation relating to consumer credit, contracts, estimates, or invoices that deceives or misleads consumers. This includes:

• Representations: False claims about sponsorship, approval, accessories, or qualities of goods or services. Misrepresentation of a seller's sponsorship, approval, or affiliation. Representing goods as new or original if they are used, altered, or reconditioned. Misrepresenting the quality, grade, style, or model of goods or services.

• Exaggeration, Innuendo, or Ambiguity: Using exaggerated, misleading, or ambiguous language about a material fact.

• Failure to State Material Fact: Failing to disclose a material fact in a way that deceives or is likely to deceive.

• Disparaging Competition: Making false or misleading statements about another business's goods or services.

• Offering Goods/Services without Intent: Offering goods or services that the seller has no intention of delivering or selling.

• Misrepresenting Price Variations: Providing false or misleading information about price reductions or comparing prices to competitors or past/future prices.

• Misrepresenting Rights/Remedies: Making false claims about consumer rights, remedies, or obligations in a transaction.

• Misrepresenting Need for Services/Repairs: Making false claims that services or repairs are necessary for a product.

• Misrepresenting Sale/Discount Prices: Providing false reasons for selling goods or services at a discounted rate.

Additional Information (Page 2)

• Appointment Cancellations: Home improvement contractors are required to give proper notice if an appointment must be cancelled.

• Department/Office: Refers to the Department of Labor, Licensing, and Consumer Affairs.

• Engagements: Contracting or offering to contract.

• Licensee: Persons licensed to perform work specified by the chapter.

• Person: Individuals, partnerships, or other entities.

• Temporary License: A time-limited license requiring the payment of a fee.

Unconscionable Trade Practices (Page 3)

• Unfair Advantage: Acts or practices that take undue advantage of a consumer's lack of knowledge, ability, or experience.

• Gross Disparity: A significant inequality in value exchange between the price and value received by the consumer.

• Natural Disasters/Acts of God: Circumstances of a disaster (hurricane, tornado, etc.) should be explicitly stated by a county executive or a majority of the county legislature. The licensing director is responsible for investigation of any such case.

License Requirements (Pages 4-5)

• Application Procedure: Apply in writing, with an application fee, and oath if a corporation. Includes individual applicant's address, and, if applicable, other employee or officer's addresses or identities.

• Qualifications: Applicants must be 18 years or older, have good character, and demonstrate financial responsibility.

• Issuance of License: Issuing a license to any applicant who meets the criteria.

• Identification Requirements: Applications or renewals will need to be accompanied by a federal tax ID and state sales tax ID. Applicants are held accountable for representing that they are complying with US Code 8 §1324a, relating to the hiring of employees and payments for payroll taxes for their employees.

Contract Validity and Penalties (Pages 7-8)

• Unenforceable Contracts: A contract where one party does not hold the applicable license is unenforceable by the licensed party and voidable by the other party, after a year of the effective date of the chapter.
• Civil Penalties: The county will impose civil penalties for violations, up to $1,500 for a first violation, higher amounts for reoccurrences, suspension and revocation of license and denial of future license applications. Causes for penalties include:
• Fraud, deceit, misrepresentation, or bribery.
• False statements in license applications.
• Violations of article or regulations.
• Unlawful conduct as described in the article (i.e § 563-10).
• Failure to maintain good character standing during the term of the license.
• Failure to maintain financial responsibility.

Prohibited Acts and Responsibilities (Pages 8, 9)

• Prohibited Conduct: The licensing director can take action against prohibited acts, including abandonment or deviation from contract specifications. Conduct by a licensee that would be deemed unconscionable. Publishing deceptive advertisements.

• Director's Powers and Duties: Keeping records of licenses, issuing temporary ones, investigating applicants. Formulating rules and regulations, creating a manual of rules regarding investigations..

Additional License Procedures (Pages 10-14)

• Duplicate Licenses: Issuing duplicates for lost or destroyed licenses or identification cards upon payment of fees.

• Supplementary Licenses: If a licensee has multiple locations, they need a supplementary license for each additional location. It includes a payment for the per-annum fee for the supplementary license.

Identification Cards for Salesmans (Page 14)

• Salesman Identification Cards: Employees who work for licensed home improvement contractors are required to have an identification card if they are engaging in business.
• Transferral: A transfer of a license between owners or assigns carries over the identification cards automatically.

Penalties for Offenses (Page 10)

• Misdemeanor: Failure to hold a license or being involved in any unlawful licensed business can be penalized as a misdemeanor with a fine or imprisonment.

Requirements to Provide License Information to Consumers (Page 10)

• License Information: All licensees must provide required information (employee names, business address, license number, etc) to consumers in writing on contracts or receipts.

Home Improvement Contractor Regulations (Pages 11-13)

• Definitions (Establishment, Financial Responsibility, etc): Further definitions related to home improvement contractors.

• Home Improvement Contracts: Details on requirements for written contracts including dates, descriptions, of labor, costs of goods and materials, etc, and includes a statement that a contractor or subcontractor who does not get paid is eligible to file a claim under state lien laws.,

• Prohibited Acts: Detailing of the various prohibited acts or omissions from standards.

Additional Exemptions and Requirements (Pages 15-17)

• Exemptions: Providing exemptions for certain employees, professional engineers, and retail clerks of licensed contractors.
• Reduced Fees and Licensing Boards: Allowing certain licensees to qualify for reduced licensing fees, based on some factors (income). Creating licensing boards for the overseeing of the fitness of applicants and handling issues with suspensions/revocations.
• Temporary Licenses: Temporary licenses for 90-days are issued until a determination is made regarding issuance of a regular license.

This quiz covers the Suffolk County laws regarding home improvement licenses, aimed at enhancing consumer protection. Understand key definitions including consumers, contracts, and deceptive trade practices. Test your knowledge on the legal framework that governs home improvement professionals.