Each year, unlicensed home improvement contractors leave their marks on unsuspecting homeowners - unkept promises, unfinished or shoddy work, outright fraud, deposits never returned, and, disappearing contractors, never to be seen again!

Last year, the Nassau County Office of Consumer Affairs, working hand-in-hand with the District Attorney's Office charged and/or arrested over 70 home improvement contractors for practices that would set your eyeballs rolling! Additionally, our office handled over 1,000 home improvement complaints from consumers.

The Office of Consumer Affairs is charged with protecting consumers, people like you and me, from those who ply their trade outside the boundaries of the law. Unlicensed contractors work without a license, without liability insurance, without workers' compensation insurance, without having their financial and criminal backgrounds checked, and without a restitution fund that could compensate the consumer up to $10,000 in lost funds.

Unlicensed contractors also violate the law. Working without a license is a Class A Misdemeanor, punishable by a year in jail and/or $5,000 in fines. Consumers who use unlicensed contractors risk not only the loss of their hard-earned monies, they also risk not having quality work done on their homes, or, at worst, no work at all!

Liability insurance is a must because the homeowner doesn't need to be sued for accidents that occur on his/her property because of contractor negligence. Consumers need to be assured that all contractor employees are covered by worker's compensation, and that they will be paid by the contractor. A financial background check is carried out by our office to see whether contractors pay their bills and are financially responsible. If suppliers are not paid by the contractor, the consumer could be held responsible for the unpaid bills and be further burdened with a mechanics lien being placed on their home for non-payment of those bills. In turn,

this could prevent the homeowner from obtaining any form of credit until the lien is satisfied by them. They would be looked upon as a credit risk!

A criminal background check is necessary because we don't want homeowners to be faced with having a felon in their home, to have the possibility of physical threats to their safety, or to have contractors absconding with their valuables because of their bad character.

Using a licensed contractor gives the homeowner, and the Office of Consumer Affairs, leverage to either suspend or revoke the contractor's license when problems arise. Just as we can issue a license, we can suspend or revoke, to get the contractor's attention and compliance with our requests. The possibility of losing their livelihood is certainly a deterrent to home improvement contractors and is a strength for our office when it is needed to rectify consumer complaints.

We license over 8,000 home improvement contractors each year. The figure should be more than double that amount. However, for various reasons, not everyone licenses, whether it be because they have something to hide, or, they do not want to pay for the insurances that are required. Thus, homeowners are enticed to sign on with unlicensed contractors who offer "lowball" figures for work to be done despite no assurance that the work will be completed in a timely fashion, that quality will prevail, and that all aspects of the job will be met.

Homeowners can do themselves a favor by calling the Nassau County Office of Consumer Affairs at 516-571-2600, before they sign on the dotted line so that they can find out if the contractor they hope to use is a licensed home improvement contractor. Our staff will also give consumers a six-year history of complaints lodged against home improvement contractors who may, or may not, be licensed. Don't take it for granted that a contractor is licensed just because he says so, or has "Licensed and Insured" on his literature or truck. Remember, not everyone tells the truth!

According to our Local Law 6, "Home Improvement" means repair, maintenance, replacement, remodeling, alterations, conversion, modernization, or addition to any land or building, or portion thereof, which is used as a private residence or dwelling place for not more than three families, and other improvements to structures upon land which is adjacent to a dwelling, but not be limited to, the installation, construction, replacement or improvement of driveways, swimming pools, porches, garages, sheds, central heating or air conditioning systems, vacuum cleaning systems, windows and awnings, sandblasting, power washing, waterproofing, floor refinishing, chimney cleaning, interior and/or exterior painting, carpet installation, and gardening/landscaping, when the gardener/landscaper uses his/her own equipment in the conduct of business. If consumers have any doubt as to whether the person they are dealing with needs to be licensed, they should call our office at 516-571-2600.

Consumers should also be aware that home improvement contractors are required to use licensed electricians and plumbers on their jobs. They are not covered by the home improvement contractor's license.

James W. Reed

Deputy Commissioner

Nassau County Office of Consumer Affairs