CD-DD500104919

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Seenaraine Ramnares and Department of Consumer Affairs v. J. Arceri Home Improvements Inc. and John J. Arceri

CITY OF NEW YORK

DEPARTMENT OF CONSUMER AFFAIRS

SEENARAINE RAMNARES
-and-
THE DEPARTMENT OF CONSUMER AFFAIRS,
Complainants,
-against-
J. ARCERI HOME IMPROVEMENTS INC.
-and-
JOHN J. ARCERI,
Respondents. / DECISION AND ORDER
Violation Nos.:
CD500104919
DD500104919
License Nos.:
1126603(HIC)
0977723 (HIS)
Date:September 25, 2008

An inquest was held on July 14, 2008.[1]

Appearances: For the Complainants:Seenaraine Ramnares. Although duly notified of the time and place of the hearing, the respondents failed to appear.

The Notice of Hearing charged the Respondents with violating the following:

  1. Administrative Code of the City of New York (“Administrative Code”) §20-101 for failing to maintain the standards of integrity, honesty, and fair dealing required of licensees.
  1. Administrative Code §20-700 and 6 RCNY §1-12by engaging in a deceptive or unconscionable trade practice.
  1. Administrative Code §20-393(1) by deviating from or disregarding the plans or specifications or any terms and conditions agreed to under a home improvement contract in any material respect without the written consent of the owner.
  1. Administrative Code §20-393(11) by failing to perform work under a home improvement contract in a skillful and competent manner.
  1. 6 RCNY §2-221(a)(1) by failing to include in the contract the salesperson’s license number.
  1. 6 RCNY §2-221(a)(2) by failing to include in the contract a specification whether or not the contractor and the owner have determined a definite completion date to be of the essence.
  1. 6 RCNY §2-221(a)(3) by failing to include in the contract a description of the work to be performed, the materials to be provided to the owner, including make, model number or any other identifying information.
  1. 6 RCNY §2-221(10)(b)by failing to furnish to the buyer at the time he or she signs the home improvement contract, a separate, completed Notice of Cancellation form, in duplicate and attached to the contract, in form and substance as required by this rule.

Based on the evidence in the record, I RECOMMEND the following:

Findings of Fact

The respondents agreed to perform home improvement work for the consumer for a total price of $13,000. The consumer paid the respondents a total of $8,500. The work was not performed or was not performed properly. The total cost to correct and complete the work $15,850.

Opinion

The credible evidence establishes that the consumer is entitled to restitution from the respondents in the amount of$11,350 as follows:

Cost of correction and completion:$15,850

Less Amount unpaid on contract: -$ 4,500

Restitution Due:$11,350

ORDER

CD500104919:

Respondent J. Arceri Home Improvements Inc.is foundguilty upon defaultof charge #’s 1through 7, and of violating 6 RCNY Section 1-14, and is hereby

Orderedto pay to the Departmenta TOTAL FINE of $2,950,as follows:

ChargeFine

  1. Administrative Code §20-700

& 6 RCNY §1-12$ 350

  1. Administrative Code §20-393(1)$1,000
  2. Administrative Code §20-393(11)$ 500
  3. 6 RCNY §2-221(a)(1) $ 200
  4. 6 RCNY §2-221(a)(2)$ 200
  5. 6 RCNY §2-221(a)(3)$ 200

6 RCNY §1-14$ 500

In addition, the Home Improvement ContractorLicense is REVOKED EFFECTIVE IMMEDIATELY. The respondent HICis directed to surrender the license document to the Licensing Division immediately. If the HIC continues to operate with a revoked license, the HIC is subject to CRIMINAL PROSECUTION and/or civil penalties of $100 per day for each day of unlicensed activity, as well as the closing of the HIC’s business and/or the removal of items sold, offered for sale, or utilized in the operation of the HIC’sbusiness, pursuant to the Administrative Code of the city of New York Sections 20-105 and 20-106 (the “Padlock Law”).

Charge # 8,whichalleges a violation of 6 RCNY §2-221(10)(b), is hereby dismissed for citing a non-existent section of Title 6 of the Rulesof the City of New York.

DD500104919:

Respondent John J. Arceriis foundguilty upon default of charge #’s 1 through 7, and of violating 6 RCNY Section 1-14, and is hereby

Orderedto pay to the Departmenta TOTAL FINE of $2,950, as follows:

ChargeFine

2.Administrative Code §20-700

& 6 RCNY §1-12$ 350

3.Administrative Code §20-393(1)$1,000

4.Administrative Code §20-393(11)$ 500

5.6 RCNY §2-221(a)(1) $ 200

6.6 RCNY §2-221(a)(2)$ 200

7.6 RCNY §2-221(a)(3)$ 200

6 RCNY §1-14$ 500

In addition, the Home Improvement Salesperson’s License is REVOKED EFFECTIVE IMMEDIATELY. The Home Improvement Salesperson is directed to surrender his or her license document to the Licensing Division immediately. If the he or she continues to operate with a revoked license, he or she is subject to CRIMINAL PROSECUTION and/or civil penalties of $100 per day for each day of unlicensed activity, as well as the closing of his or her business and/or the removal of items sold, offered for sale, or utilized in the operation of his or her business, pursuant to the Administrative Code of the city of New York Sections 20-105 and 20-106 (the “Padlock Law”).

Charge # 8,which alleges a violation of 6 RCNY §2-221(10)(b), is hereby dismissed for citing a non-existent section of Title 6 of the Rules of the City of New York.

DD500104919 & DD500104919

Respondents J. Arceri Home Improvements Inc. and John J. Arceri are hereby ORDERED to pay RESTITUTION to the Consumer in the amount of $11,350, for which they are each jointly and severally liable.

This constitutes the recommendation of the Administrative Law Judge.

______

Judith Gould

Administrative Law Judge

DECISION AND ORDER

The recommendation of the Administrative Law Judge is approved.

This constitutes the Decision and Order of the Department.

______

Bruce M. Dennis

Acting Deputy Director of Adjudication

cc:Seenaraine Ramnares

2832 Tieman Avenue

Bronx, NY10469

Xavier A. Palacios, Esq.

114 Old Country Road (Suite 652)

Mineola, NY11501

J. Arceri Home Improvements Inc.

46 Pulaski Road

Kings Park, NY11754

John J. Arceri

26 Canyon Street

Huntington, NY11743

NOTICE TO RESPONDENT(S): If you wish to file a MOTION TO VACATE this decision, you must submit the motion to the Director of Adjudication, Department of Consumer Affairs, 66 John Street, New York, NY10038, within 15 days from the date you knew or should have known of this decision. The motion must include: A check or money order for the sum of $25 payable to the Department of Consumer Affairs; anda check or money order payable to the Department of Consumer Affairs for the entire restitution amount ordered by the decision; and a sworn statement outlining a meritorious defense to the charges alleged in the Notice of Hearing; and a statement offering an excuse for its failure to appear on the designated hearing date. In addition, you must serve a copy of the motion to vacate on both the Consumer complainant and the Legal Services Division of the Department of Consumer Affairs, 42 Broadway, 9th Floor, New York, NY 10004.

NOTICE TO CONSUMER COMPLAINANT(S): If you wish to APPEAL this decision, or file a MOTION FOR REHEARING, you must file the appeal or motion with the Director of Adjudication, Department of Consumer Affairs, 66 John Street, New York, NY10038within 30 daysfrom the date of this decision. You must include with your appeal or motion a check or money order for the sum of $25 payable to the Department of Consumer Affairs. In addition, you must serve a copy of your appeal or motion on the respondent(s).

Mail payment in the enclosed envelope addressed to:
NYC Department of Consumer Affairs
Collections Division
42 Broadway, 9th Floor
New York, NY10004

N.Y.C. Department of Consumer Affairs 66 john streetNew York, N.Y.10038 (212) 361-7770

[1]The record was left open until August 29, 2008 to allow the consumer to submit additional documentation.