The agency did not have a formal, written protocol to assess which complaints should be prioritized, nor was there an independent reviewer to ensure officers followed the rules. DCWP was said to have established criteria for assessing the priority of complaints, but the report noted no such documentation.

“I appreciate the incredible hardship our agencies, including DCWP, went through at the onset of the pandemic to safeguard New Yorkers from the pandemic and unscrupulous profiteers,” Lander said. He added that city agencies must arm themselves with tools to protect consumers in moments of emergency, whether that is the next COVID-19 variant or the next superstorm.

Lander’s office made four recommendations to DCWP: memorializing its enforcement criteria for price gouging, establishing an independent review process for its complaint selection determinations, establishing how often businesses with multiple complaints should be inspected and specifying time frames for resolving complaints.

DCWP Commissioner Peter Hatch, in response to Lander’s report, said the agency had faced a deluge of complaints at the onset of the pandemic and “had to overcome additional hurdles” including limited resources, legal staff working remotely and uncertainty regarding which businesses were open for inspection.

DCWP has undertaken measures to improve the program, Hatch said, including implementing heavier tiered fines of up to $3,500 for a third violation.

“We intend to use the audit report’s four recommendations for process improvements to help enhance the policies and procedures already in place to administer this new rule going forward,” Hatch said.

This story first appeared in our sister publication, Crain’s New York Business.