Letter to Mayor Adams re: Street Vending Enforcement and Licensing

The Honorable Eric Adams
Mayor of New York City
City Hall
New York, NY 10007

Re: Street Vending Enforcement and Licensing

Dear Mayor Adams,

On November 9, 2023, my office sent you a letter requesting additional information on the Administration’s work related to street vendor licensing and enforcement (see attached). As of the date of this letter, I have yet to receive a response.

I am writing again now because in recent weeks, my office has received almost two dozen calls from street vendors who were told by officers of either the New York City Police Department (NYPD) or the Department of Sanitation (DSNY) to call our office after their property was confiscated. These calls seem to have coincided with recent reports of DSNY and NYPD destroying the property of street vendors. One street vendor impacted by these enforcement actions, Blanca Alvarado, is a disabled widow whose only source of income was destroyed by the NYPD.

The callers – all of whom were Spanish speakers – were confused about what happened to their property; many were seeking advice on how to retrieve their property that they believe was confiscated. Some callers stated they have licenses and permits to operate, but officers still confiscated their carts and other items.

I am very concerned about the level of confusion caused by recent enforcement actions, as callers indicated they were told to contact my office to get their property back. As you know, DSNY or NYPD would be the appropriate agencies to contact to retrieve confiscated property. Constituents should be directed to my office if they are seeking to file a tort claim for property damage.

The calls we have received indicate that City agencies are either 1) damaging street vendors’ property and putting the City at risk for increased claims and spending on settlements and/or 2) providing vendors with inaccurate and misleading information about how to retrieve their property.

In either case, these calls indicate that the NYPD and DSNY are mismanaging enforcement efforts on street vending. At a minimum, the fact that callers reached out to my office to retrieve their property is a massive communication breakdown that seems to reflect a failure to provide appropriate language access. This puts our city’s smallest businesses at risk and undermines City Hall’s own commitment to reform and modernize street vendor regulations, a goal that my office shares.

To that end, I remain gravely concerned that the Administration’s efforts to connect vendors with the outreach, education, licenses, and permits they need to operate lawfully continue to be insufficient. In order to maintain an orderly street vending system, ensuring that our public spaces are accessible to all, that applicable rules and licensing regimes are followed correctly, and vendors keep safe and sanitary practices, we must strike the right balance between licensing and enforcement. Connecting vendors to the resources and services they need to operate lawfully, builds thriving small businesses, and prevents the need for enforcement and confiscation of property in the first place.

An orderly system of street vending requires outreach, education, language access, and investments to make the licensing and permitting process easier to navigate for vendors. As I’ve stated before, the sheer number of vendors still on waiting lists shows that there is still much more the Administration can do to issue Supervisory Licenses and Permits to eligible vendors.

In light of the above, I request information on the critical questions listed below:

Enforcement

• When DSNY conducts inspections or enforcement, who makes the decision to authorize a confiscation?
  • Who makes the decision to destroy property as opposed to confiscation?
  • How many of DSNY inspections result in confiscation?
• What information does DSNY provide to vendors on how to retrieve confiscated items or file a claim for destruction of property? Please provide whatever written materials are given to vendors in these instances.
  • Is that information provided in the vendors’ preferred language?
  • Please describe the process for property retrieval. What percentage of goods have been retrieved?
• How many and which languages are spoken by DSNY officers dedicated to street vendor enforcement?
• Under what circumstances does DSNY coordinate with NYPD for joint enforcement actions? In how many instances has DSNY coordinated with NYPD in performing joint enforcement actions?
• When does NYPD authorize confiscations or destruction of property?
  • What information does NYPD provide to vendors on how to retrieve confiscated items or file a claim for destruction of property?
  • Please provide all written materials given to vendors in these instances.
  • Is that information provided to vendors in their preferred language?
• How were many street vendors’ carts and other property were destroyed by DSNY or NYPD in 2024 thus far?

Licensing

• Please provide an update on the number of approved Supervisory Licenses and approved Permits.
• How many people are on waitlists seeking a Citywide Supervisory License, non-Manhattan Supervisory License, or Citywide Supervisory License for veterans and people with disabilities? Can you please provide a breakdown by borough for each waitlist (i.e., how many applicants reside in the Bronx, how many reside in Brooklyn, etc.).
• What is the average application processing time for Supervisory License Permits, including the unit passing a pre-permit inspection?
• Are additional DOHMH staff required to shorten processing times for Supervisory Licenses and Permits? Given the limited size of the staff responsible for all follow ups, is DOHMH currently hiring for positions? If yes, please describe how many.

Outreach and Education

• To the extent DSNY provides education to vendors, could you please share what kind of education Sanitation police provide to vendors?
• How many street vendors have been reached via Small Business Services, including through training, the hotline, small business support centers, or individualized support? Please provide a breakdown.

Please provide my office with this information no later than October 7, 2024.

Sincerely,

New York City Comptroller Brad Lander

CC:
Police Department (NYPD)
Department of Consumer and Worker Protection (DCWP)
Department of Sanitation (DSNY)
Department of Health and Mental Hygiene (DOHMH)
Department of Parks and Recreation
Department of Small Business Services (SBS)