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A study guide for the new york home improvement contractor exam. It covers a wide range of topics related to home improvement contracting in new york, including the scope of work covered, licensing requirements, contract details, consumer protections, and legal penalties for unlicensed activity. The guide provides detailed information on the correct answers to various exam questions, making it a valuable resource for individuals preparing to take the ny home improvement contractor exam. The comprehensive nature of the content and the focus on providing accurate, up-to-date information suggest that this document could be useful for university students, high school students, and lifelong learners interested in the legal and regulatory aspects of the home improvement industry in new york.
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What is "home improvement" (H.I.)? (C R R R R A A I) - Correct Answers ✅the construction, repair, remodeling, alteration, rehabilitation, renovation, improvement, or addition to any land or building used as a residence or dwelling place. What parts of a home can a H.I. include? - Correct Answers ✅Any part of the home OR land (including basements, driveways, fences, garages, landscaping, patios, porches, sidewalks, swimming pools, and terraces.) What system installations are part of H.I.? (4) - Correct Answers ✅Central heating/air conditioning, Central vacuum, Doors, windows, awnings, and Communication systems. What is NOT considered H.I.? - Correct Answers ✅Construction of a new home or building, Sale of goods or materials in connection with the installation of or application of goods or materials, Work performed on a residence owned or controlled by the state or municipality When is Painting or decoration of a building, residence, home, or apartment considered H.I.? - Correct Answers ✅When there is painting work being done as part of other home improvement work.
When is Painting or decoration of a building, residence, home, or apartment NOT considered H.I.? - Correct Answers ✅When it is a standalone job not part of of other home improvement work. Who is a "contractor"? - Correct Answers ✅Anyone who owns, operates, maintains, conducts, controls, or transacts a home improvement business and undertakes or agrees to perform any home improvement. What legal entity is a contractor required to be? - Correct Answers ✅A contractor may be an individual, a firm, a company, a partnership, or a corporation. What is a H.I. contract? - Correct Answers ✅An agreement between a contractor and a consumer or tenant for performance of a home improvement What must a H.I. contract detail? - Correct Answers ✅All labor, services, and materials to be furnished and performed. Who is a "salesperson"? - Correct Answers ✅Someone who negotiates a H.I. contract with a consumer or tenant, or solicits a home improvement contract from an owner or tenant.
Who must have a DCA license? - Correct Answers ✅Any person who solicits, canvasses, sells, performs, or obtains a H.I. contract as a contractor or salesperson must have a DCA license. Does an individual employee of a contractor, who does not solicit or negotiate contracts, need to be licensed? - Correct Answers ✅No What is the maximum amount an H.I. job can be to not require a licensed contractor? - Correct Answers ✅$ Do plumbers and electricians who do not perform work outside their trade need a H.I. license? - Correct Answers ✅No, they have their own trade licenses. When would an architect or engineer involved with an H.I. project need a contractor's license? - Correct Answers ✅If they are physically performing H.I. functions outside the scope of an architect or engineer. Must a H.I. Contractor license be posted? - Correct Answers ✅Yes, it must be posted in the Contractor's office where all consumers can see it, or show it to consumers upon request.
Change of business address, ownership, management, or trade name must be reported to DCA within how many days? - Correct Answers ✅10 days How many business locations can a H.I. Contractor's license cover? - Correct Answers ✅One. A seperate license is required for each place of business. When and how does a H.I. Contractor's license get renewed? - Correct Answers ✅About three months before license expiration, DCA will mail a renewal package. It can be renewed by mail, online, or in person at the DCA Licensing Center. May a H.I. Contractor assign the task of getting permits, exemptions or C/O to the home owner (customer)? - Correct Answers ✅No, The prime contractor must secure all necessary permits, licenses, Certificates of Occupancy, or exemptions necessary to complete the contract in accordance with state and local building laws. How many years must a H.I. Contractor maintain copies of contracts, books of account, and other records reflecting all transactions related to the home improvement business? - Correct Answers ✅Six (6) years or the length of time of any contractual guarantee, whichever is longer.
What percentage of a customers payments can a Contractor use for administrative, overhead, and other projects? - Correct Answers ✅The contractor may not use funds received to pay expenses unrelated to the home improvement, unless the home improvement is completed and all expenses for direct labor, material, and subcontractors related to the home improvement have been paid. No work should be performed and no money should be paid until after the ____ day cancellation period? - Correct Answers ✅3 days Can a H.I. Contractor arrange a home loan or a home improvement loan for a consumer? - Correct Answers ✅No, nor can they act as an agent for, advertise, or promote loans. Must a contractor furnish a consumer with a written estimate? - Correct Answers ✅Yes, if the consumer requests one. Can a Contractor charge a fee for an estimate? - Correct Answers ✅Yes, but they must disclose the fee to the consumer before providing the estimate and must include and itemize the fee in the total estimated contract price. What is the fine for false or fraudulent representation? - Correct Answers ✅A contractor or salesperson who lies is subject to fines of up to $500 for each separate misrepresentation.
What becomes of the contract entered into after misrepresentations? - Correct Answers ✅It may be declared null and void, and contractor may be ordered to pay restitution to the consumer. What is the prosecution and fine penalties for operating a home improvement business without a license or with a suspended or revoked license? - Correct Answers ✅Guilty of a misdemeanor and may be prosecuted criminally and subject to up to six (6) months imprisonment and/or $1,000 in fines. What is the prosecution and fine penalties for engaging in unlicensed activity or aiding and abetting the operation of an unlicensed person or business? - Correct Answers ✅civil prosecution and $100 day fine. Can the DCA padlock (close down) and confiscate (take) the tools and trucks used in connection with unlicensed home improvement work? - Correct Answers ✅Yes! In what form must a home improvement contract be? - Correct Answers ✅Every home improvement contract must be in writing and signed by everyone involved.
When must the consumer receive a completed, legible copy of the H.I. contract? - Correct Answers ✅At the time of signing and before any work is done. Does the H.I. contract have to be in englsh? - Correct Answers ✅Yes, unless another language was used in any oral (spoken) sales presentation, in which case the contract needs to be in that language and in English. If a consumer wants more work done beyond what's in the original contract, what should a contractor do? - Correct Answers ✅Provide a written amendment to the contract, which both parties must sign. What information should be at the heading of a H.I. contract? - Correct Answers ✅contractor's name, office address, telephone number, and DCA license number and the salesperson's name and DCA license number. What dates should be on the H.I. contract? - Correct Answers ✅the contract date, approximate date when work will begin and date to be substantially completed. What costs must be included in the H.I. contract? - Correct Answers ✅labor and materials
What 3 notices must the H.I include? - Correct Answers ✅If the owner does not pay the contractor they may have a claim against the owner, that the contractor is legally required to deposit all payments received prior to completion or the contractor must post a bond or contract of indemnity, and the cancellation notice wording. What schedule should be inclduded with the H.I. contract? - Correct Answers ✅Schedule of payments and the work/services to be performed if the contract calls for incremental payments. Must a contractor or salesperson provide the consumer with a separate Notice of Cancellation? - Correct Answers ✅Yes. At the time of signing the contractor or salesperson must attach to the signed contract two copies of a separate, completed form titled "Notice of Cancellation." How much time does the home owner have to cancel the contract? - Correct Answers ✅Until midnight of the third business day. Must a contractor or salesperson inform the consumer orally of the consumer's right to cancel? - Correct Answers ✅Yes, verbally and written notice. What if a contractor or salesperson fails to comply with the provisions requiring oral (spoken) and written notice of the consumer's right to
cancel? - Correct Answers ✅The consumer may cancel the contract at any time. How many days does a contractor or salesperson have to honor valid notice of cancellation? - Correct Answers ✅10 business days Do salespersons need to notify DCA about their employers? - Correct Answers ✅Yes within 48 hours of new employment. What must all advertising and sales literature contain? - Correct Answers ✅DCA Home Improvement Contractor license number. A "savings" claim in an adv ertisment cannot imply what? - Correct Answers ✅The amount specified is the selling price. What type of guarantees or warranties can be made? - Correct Answers ✅Only as long as a defect is likely to show up. What type of guarantees or warranties can NOT be made? - Correct Answers ✅"lifetime" guarantees or warranties Who must obtain building and improvement permits? - Correct Answers ✅The prime contractor.
Where does a contractor go to secure a permit for an addition or alteration to a house? - Correct Answers ✅The New York City Department of Buildings (DOB). Whose responsibility is it to make sure that any addition or alterations meet building code standards and do not violate local zoning laws? - Correct Answers ✅the H.I. Contractor What is net profit of a job? - Correct Answers ✅The final profit of any job after expenses. Must a subcontractor be seperately licensed by DCA? - Correct Answers ✅Yes, this includes electricians and plumbers. How long can a contractor elect to secure a bond or participate in DCA's Home Improvement Trust Fund? - Correct Answers ✅Every 2 years