For home improvement contractors working in Suffolk County, compliance with local consumer protection laws is not optional — it’s a business necessity. The Suffolk County Department of Consumer Affairs (DCA) actively enforces its Home Improvement Code, and violations can result in steep fines, license suspensions, or even criminal charges.
This guide will walk you through some of the most common sections of the Suffolk County Code that contractors inadvertently violate. Understanding these regulations can help you stay in compliance, avoid unnecessary penalties, and keep your business thriving.
1. Failure to Maintain a Valid License — Suffolk County Code § 563-5
One of the most frequent citations issued by the Suffolk County DCA is for performing home improvement work without a valid Suffolk County home improvement license. Under § 563-5, it is unlawful for any person to engage in or conduct a home improvement business without first obtaining the required license.
If your license has expired or is under review, you cannot legally work in Suffolk County. Make sure your license is active and accurately reflects your current business name and address.
2. Incomplete or Improper Home Improvement Contracts — § 563-14
Suffolk County requires specific language and disclosures in all written home improvement contracts, including the right to cancel, payment schedules, start and completion dates, and full contact information of the contractor. Many contractors fail to meet all these requirements, leading to citations under § 563-14.
If your contract is missing any of these mandatory terms, it may be deemed invalid, and you could face penalties. Learn more about properly drafted construction contracts.
3. Unlicensed Subcontracting — § 563-5(D)
Even if your business is properly licensed, you can still be cited if you hire subcontractors who are not licensed. Suffolk County law requires all subcontractors performing home improvement work to have their own valid license. Under § 563-5(D), you are responsible for ensuring your subs are in compliance.
Before hiring any subcontractor, verify their license status with the Suffolk County DCA to protect your business.
4. Misleading Advertising or False Claims — § 563-6(B)
Contractors are often cited for false, deceptive, or misleading advertising under § 563-6(B). This includes exaggerating your qualifications, misrepresenting your services, or advertising work that you are not licensed to perform.
Be cautious with online ads, print marketing, and website claims. All promotional content must accurately reflect your license and the scope of work you are authorized to perform. See how misleading ads can hurt your business.
5. Improper Deposit Collection — § 563-14(A)(3)
Suffolk County imposes strict limits on how much money a contractor can collect as a deposit before starting work. Under § 563-14(A)(3), contractors cannot collect more than 1/3 of the total contract price upfront unless materials must be specially ordered.
Taking too much upfront could result in a citation or even criminal charges. Always document special order needs and stick to the 1/3 rule unless otherwise approved.
6. Failure to Provide Notice of Cancellation Rights — § 563-14(A)(10)
Every home improvement contract must include a clear “Right to Cancel” notice that complies with both Suffolk County Code and New York State law. Under § 563-14(A)(10), failure to provide this notice can render the contract unenforceable and result in fines.
This notice must be in writing, in a separate form from the contract, and delivered to the homeowner at the time of signing.
7. Operating Under a Name Not Registered With DCA — § 563-5(A)
If your company is advertising or doing business under a name not listed on your DCA license, you are in violation of § 563-5(A). This includes DBAs or assumed names that were never filed or approved.
Ensure your business name and any alternate trade names are properly registered and listed on your license to avoid a citation.
Why These Violations Matter
Beyond the immediate penalties — which can include fines, license suspension, and cease and desist orders — these violations can impact your reputation and ability to secure future work. Repeat violations can result in long-term consequences and jeopardize your license status.
How We Help Contractors Fight Suffolk County Violations
At Kushnick Pallaci PLLC, we represent contractors facing citations and enforcement actions by the Suffolk County Office of Consumer Affairs. We understand the Home Improvement Code and know how to challenge violations, negotiate with regulators, and protect your license and livelihood.
Whether you’ve received a citation or want to proactively ensure compliance, our experienced construction attorneys can help.
Call to Action
If you’re a contractor in Suffolk County and have been cited by the Office of Consumer Affairs — or want to avoid a violation before it happens — call Kushnick Pallaci PLLC today at (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation.
Don’t risk your business. Protect your license and your livelihood with legal help from attorneys who understand the construction industry.