WHAT IS HOME IMPROVEMENT FOR PURPOSES OF CONSUMER AFFAIRS LICENSE

TPE VENTURES, INC. v. NASSAU COUNTY OFF. OF CONSUMER AFFAIRS, 2017 NY Slip Op 50839 - NY: Supreme Court 2017:

"........The NCAC provides that the definition of home improvement "means repair, maintenance, replacement remodeling, alteration, conversion, modernization, or addition to any land or building, or that portion thereof, which is used as a private residence or dwelling place for not more than three families, and other improvements to structures or upon land which is adjacent to a dwelling and shall include, but not be limited to gardening/landscaping."

In its Verified Petition, the Petitioner admits that "core aeration involves perforating the soil with small holes to allow air, water and nutrients to penetrate the grass roots. This helps the roots grow deeply and produce stronger, more vigorous lawn." In similar fashion, the Hearing Officer determined that core aeration "involves alteration of the earth".

The cornerstone of this Court's review of the County's determination is one of rationality. The Hearing Officer's conclusion that the act of core aeration alters the land of the Petitioner's customers and thus requires a home improvement license issued by Nassau County is supported by a rational basis and is reasonable. Judicial function is exhausted when there is found to be a rational basis for conclusions approved by an administrative body."

NASSAU COUNTY CONSUMER AFFAIRS HEARING

I will be counsel at a hearing today and this is from the NCCA website:

"What to Expect at a Violation Hearing

 

After a violation is issued, a hearing is scheduled at the Office of Consumer Affairs. The respondent appears at the hearing, with or without legal counsel and, where permitted at the discretion of the hearing officer, other relevant parties that can offer evidence or explanation on behalf of the respondent. The complaining consumer is not present at the hearing. The hearing officer keeps the record of the hearing and no verbatim recording is conducted in the hearing room. The consumer complaint is presented by the Investigator from the Office assigned to the complaint. After the presentation of the complaint by the Investigator, the respondent then offers evidence to refute or mitigate the facts presented. The Investigator also explains why a violation was issued and the legal basis of the violation.

 

At the conclusion of the hearing, the hearing officer weighs the evidence and credibility of the arguments and has several options for a decision. The hearing officer will decide whether a legal violation has occurred, whether to assess a fine and the amount, memorialize any settlement agreements that may have been concluded during the hearing, order restitution by a respondent to redress a grievance, or order the suspension of a license or registration."