Bill Text: NY A01764 | 2011-2012 | General Assembly | Introduced
Bill Title: Restricts age, geographical and other forms of discrimination in the rental of motor vehicles; provides for both attorney general and private right of action; limits maximum allowable deposit used as security for the payment of the rental rate to one hundred fifty percent of such rental rate; corrects internal references.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A01764 Detail]
Download: New_York-2011-A01764-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1764
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. PHEFFER, SILVER, AUBRY, DINOWITZ, GABRYSZAK --
Multi-Sponsored by -- M. of A. CLARK, COLTON, CYMBROWITZ, FARRELL,
GALEF, GANTT, GLICK, GOTTFRIED, HIKIND, HOYT, JACOBS, MAYERSOHN, MILL-
MAN, ORTIZ, TOWNS -- read once and referred to the Committee on
Consumer Affairs and Protection
AN ACT to amend the general business law and the insurance law, in
relation to the rental of motor vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 391-g of the general business law, as added by
2 chapter 136 of the laws of 1977, is amended to read as follows:
3 S 391-g. Rental of motor vehicles; discrimination on the basis of age
4 prohibited. 1. It shall be unlawful for any person, firm, partnership,
5 association or corporation engaged in the business of renting motor
6 vehicles to [refuse to rent such vehicle to any person eighteen years of
7 age or older solely on the basis of age provided] ENGAGE IN ANY OF THE
8 FOLLOWING PRACTICES ON THE BASIS OF THE AGE OF THE PERSON ATTEMPTING TO
9 ENTER INTO SUCH RENTAL AGREEMENT, INCLUDING ON THE BASIS OF SUCH PERSON
10 BEING EITHER OVER THE AGE OF SIXTY OR UNDER THE AGE OF TWENTY-FIVE,
11 PROVIDED THAT SUCH PERSON IS AT LEAST EIGHTEEN YEARS OF AGE AND that
12 insurance coverage for persons of such age is available[. Any]:
13 (A) REFUSE TO RENT SUCH VEHICLE;
14 (B) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH VEHICLE,
15 EXCEPT THAT ANY actual extra cost for insurance related to the age of
16 the person renting such motor vehicle may be passed on to such person IN
17 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE SUPERINTENDENT
18 OF INSURANCE PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED FORTY OF
19 THE INSURANCE LAW; OR
20 (C) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
21 RENTAL OF SUCH VEHICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00801-01-1
A. 1764 2
1 2. [A knowing violation of this section shall be punishable by a fine
2 not to exceed five hundred dollars] UPON ANY VIOLATION OF THIS SECTION,
3 AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
4 PEOPLE OF THE STATE TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
5 AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT OF NOT LESS THAN FIVE
6 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT
7 SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
8 RESPONDENT HAS VIOLATED ANY PROVISION OF THIS SECTION, AN INJUNCTION MAY
9 BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
10 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN
11 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
12 ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF
13 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
14 TICE LAW AND RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL
15 DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
16 IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
17 VIOLATION.
18 3. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
19 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
20 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
21 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
22 ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR
23 BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAIL-
24 ING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND DOLLARS, IF
25 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE
26 PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
27 FEES TO A PREVAILING PLAINTIFF.
28 S 2. Section 391-l of the general business law, as added by chapter
29 573 of the laws of 1980, subdivision 3 as amended by chapter 656 of the
30 laws of 2002 and such section as redesignated by chapter 694 of the laws
31 of 1995, is amended to read as follows:
32 S 391-l. Rental of motor vehicles; discrimination on the basis of
33 credit card ownership, GEOGRAPHICAL LOCATION OF RESIDENCE OF RENTER OR
34 PAST DRIVING HISTORY. 1. Definitions. As used in this section:
35 a. "Motor vehicle rental agency", or "agency", shall mean a person
36 engaged in the business of renting motor vehicles in this state;
37 b. "Person" shall mean any individual, firm, PARTNERSHIP, ASSOCIATION,
38 corporation or other legal entity;
39 c. "Motor vehicle" shall have the meaning ascribed thereto by section
40 one hundred twenty-five of the vehicle and traffic law; [and]
41 d. "Credit card" shall mean any credit card, credit plate, charge
42 plate or other identification card or device which is issued by a person
43 to another person as the holder thereof, and may be used by such holder
44 to obtain a cash advance or a loan or credit, or to purchase or rent
45 property or services on the credit of the person issuing the credit card
46 or of the holder; AND
47 E. "PAST DRIVING HISTORY" MEANS A COMPILATION OF INFORMATION PERTAIN-
48 ING TO ANY AUTHORIZED DRIVER'S PRIOR ACCIDENTS WHILE DRIVING A MOTOR
49 VEHICLE OR VIOLATIONS OF ANY LAW OR REGULATION OF THIS OR ANY OTHER
50 STATE PERTAINING TO MOTOR VEHICLES.
51 2. (A) It shall be unlawful for any [person, firm, partnership, asso-
52 ciation or corporation engaged in the business of renting motor vehicles
53 to refuse to rent such vehicle to any person solely on the requirement
54 of ownership of a credit card] MOTOR VEHICLE RENTAL AGENCY TO ENGAGE IN
55 ANY OF THE FOLLOWING PRACTICES ON THE BASIS OF THE LACK OF OWNERSHIP OF
A. 1764 3
1 A CREDIT CARD BY THE PERSON ATTEMPTING TO ENTER INTO SUCH RENTAL AGREE-
2 MENT:
3 (I) REFUSE TO RENT SUCH VEHICLE;
4 (II) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR VEHI-
5 CLE; OR
6 (III) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
7 RENTAL OF SUCH VEHICLE, EXCEPT THAT ANY MOTOR VEHICLE RENTAL AGENCY MAY
8 REQUIRE A PERSON ATTEMPTING TO ENTER INTO A RENTAL AGREEMENT WITHOUT A
9 CREDIT CARD TO SUBMIT A CASH DEPOSIT AS LIMITED BY SUBDIVISION SEVEN OF
10 SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE.
11 (B) ANY MOTOR VEHICLE RENTAL AGENCY WHICH REQUIRES A PERSON ATTEMPTING
12 TO ENTER INTO A RENTAL AGREEMENT WITHOUT A CREDIT CARD TO SATISFY CASH
13 QUALIFICATION CRITERIA IN ORDER TO QUALIFY AS A CASH CUSTOMER SHALL:
14 (I) COMPLY WITH AN INTERNAL POLICY IN COMPLIANCE WITH THIS SUBDIVI-
15 SION; AND
16 (II) PROVIDE PROMPT NOTICE TO EACH AUTHORIZED DRIVER REQUESTING A
17 RESERVATION WITHOUT A CREDIT CARD THAT THE AGENCY MAY REQUIRE SUCH DRIV-
18 ER TO SATISFY SUCH CASH QUALIFICATION CRITERIA, AND THAT A COPY OF THE
19 AGENCY'S INTERNAL POLICY IS AVAILABLE UPON REQUEST. AS USED IN THIS
20 SUBPARAGRAPH, "PROMPT NOTICE" SHALL MEAN IN THE SAME TELEPHONE CONVERSA-
21 TION AS THE DRIVER'S REQUEST TO RESERVE THE MOTOR VEHICLE IF SUCH
22 REQUEST IS MADE BY TELEPHONE, IN THE SAME IN PERSON CONVERSATION AS THE
23 DRIVER'S REQUEST TO RESERVE THE MOTOR VEHICLE IF SUCH REQUEST IS MADE IN
24 PERSON, AND BY A WRITTEN NOTICE IN PLAIN LANGUAGE MAILED ON THE SAME
25 BUSINESS DAY OF THE DRIVER'S REQUEST TO RESERVE THE MOTOR VEHICLE IF
26 SUCH REQUEST IS MADE IN WRITING.
27 (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A MOTOR VEHICLE RENTAL
28 AGENCY FROM MAKING AN INITIAL DETERMINATION TO REFUSE TO RENT TO AN
29 AUTHORIZED DRIVER DUE TO HIS OR HER FAILURE TO SATISFY THE AGENCY'S CASH
30 QUALIFICATION CRITERIA PROVIDED THAT:
31 (I) SUCH REFUSAL IS BASED ON RELIABLE INFORMATION THAT SUCH DRIVER DID
32 NOT SATISFY THE AGENCY'S CASH QUALIFICATION CRITERIA;
33 (II) SUCH REFUSAL WAS IN COMPLIANCE WITH THE AGENCY'S INTERNAL POLICY;
34 (III) SUCH DRIVER IS AFFORDED THE RIGHT TO REBUT SUCH DETERMINATION BY
35 FURNISHING THE AGENCY WITH RELIABLE INFORMATION AND SUCH RIGHT IS
36 DESCRIBED IN THE WRITTEN NOTICE OF DENIAL OR THE WRITTEN CONFIRMATION OF
37 DENIAL, AS APPLICABLE, PRESCRIBED BY PARAGRAPHS (D) AND (E) OF THIS
38 SUBDIVISION;
39 (IV) THE AGENCY MAKES A NEW DETERMINATION IN GOOD FAITH BASED ON SUCH
40 NEW INFORMATION WITHIN ONE WEEK THEREAFTER; AND
41 (V) THE AGENCY IS OTHERWISE IN COMPLIANCE WITH PARAGRAPHS (D), (E) AND
42 (F) OF THIS SUBDIVISION.
43 (D) IF THE AUTHORIZED DRIVER'S REQUEST TO RESERVE A MOTOR VEHICLE IS
44 MADE FOUR OR MORE DAYS PRIOR TO THE REQUESTED HOUR OF DEPARTURE, SUCH
45 AGENCY SHALL MAKE AN INITIAL DETERMINATION, AND, IN THE EVENT OF AN
46 INITIAL DETERMINATION TO REFUSE TO RENT, INFORM SUCH DRIVER THROUGH A
47 WRITTEN NOTICE OF DENIAL MAILED SEVEN DAYS AFTER THE REQUEST IS MADE, OR
48 THREE DAYS PRIOR TO THE SCHEDULED HOUR OF DEPARTURE, WHICHEVER IS EARLI-
49 ER. SUCH WRITTEN NOTICE OF DENIAL SHALL STATE THE SOURCE OF THE INFORMA-
50 TION WHICH FORMS THE BASIS FOR THE REFUSAL, AND THE BASIS FOR SUCH
51 REFUSAL, AND BE ACCOMPANIED BY THE INTERNAL POLICY.
52 (E) IF THE AUTHORIZED DRIVER'S REQUEST TO RESERVE A MOTOR VEHICLE IS
53 MADE THREE OR FEWER DAYS PRIOR TO THE REQUESTED HOUR OF DEPARTURE, SUCH
54 AGENCY SHALL MAKE AN INITIAL DETERMINATION, AND, IN THE EVENT OF AN
55 INITIAL DETERMINATION TO REFUSE TO RENT, PROVIDE ORAL NOTICE OF DENIAL
56 WITHIN TWELVE HOURS OF THE REQUEST. SUCH ORAL NOTICE OF DENIAL SHALL BE
A. 1764 4
1 FOLLOWED WITHIN TWENTY-FOUR HOURS THEREAFTER WITH A WRITTEN CONFIRMATION
2 OF DENIAL WHICH SHALL STATE THE SOURCE OF THE INFORMATION WHICH FORMS
3 THE BASIS FOR THE REFUSAL, AND THE BASIS OF SUCH REFUSAL, AND SHALL BE
4 ACCOMPANIED BY A COPY OF THE INTERNAL POLICY.
5 (F) ANY AGENCY WHICH REFUSES TO RENT TO AN AUTHORIZED DRIVER DUE TO
6 SUCH DRIVER'S FAILURE TO SATISFY THE AGENCY'S CASH QUALIFICATION CRITE-
7 RIA SHALL MAINTAIN ALL INFORMATION RELEVANT TO THE AGENCY'S DETERMI-
8 NATION FOR A PERIOD OF AT LEAST ONE YEAR AFTER SUCH REFUSAL. ANY AGENCY
9 WHICH MAKES AN INITIAL DETERMINATION UNDER PARAGRAPH (C) OF THIS SUBDI-
10 VISION BUT REVERSES SUCH DETERMINATION BASED ON NEW INFORMATION SHALL
11 MAINTAIN ALL INFORMATION RELEVANT TO THE AGENCY'S DETERMINATION, INCLUD-
12 ING THE INFORMATION WHICH FORMED THE BASIS FOR THE REVERSAL, IN THE
13 AGENCY'S RECORDS, AND ADHERE TO SUCH REVERSAL, FOR AT LEAST ONE YEAR, OR
14 THE PERIOD SUCH INFORMATION IS RELEVANT UNDER THE AGENCY'S INTERNAL
15 POLICY, WHICHEVER IS LONGER. NOTHING IN THIS PARAGRAPH SHALL REQUIRE ANY
16 MOTOR VEHICLE RENTAL AGENCY TO MAINTAIN ANY INFORMATION IF THE DRIVER
17 REQUESTS OR AUTHORIZES THAT SUCH INFORMATION BE DELETED FROM THE AGEN-
18 CY'S RECORDS.
19 (G) AN AUTHORIZED DRIVER'S CASH QUALIFICATION SHALL BE CONSIDERED
20 BASED ON RELIABLE INFORMATION UNDER SUBPARAGRAPH (I) OF PARAGRAPH (C) OF
21 THIS SUBDIVISION IF THE INFORMATION WAS FURNISHED TO THE MOTOR VEHICLE
22 RENTAL AGENCY BY:
23 (I) THE AUTHORIZED DRIVER;
24 (II) THE PERSON WHO EXECUTES THE RENTAL AGREEMENT; OR
25 (III) A CONSUMER REPORTING AGENCY, AS DEFINED IN SECTION THREE HUNDRED
26 EIGHTY-A OF THIS CHAPTER.
27 (H) ANY MOTOR VEHICLE RENTAL AGENCY WHICH REFUSES TO RENT A MOTOR
28 VEHICLE TO ANY AUTHORIZED DRIVER DUE TO SUCH DRIVER'S FAILURE TO SATISFY
29 THE AGENCY'S CASH QUALIFICATION CRITERIA SHALL MAKE AVAILABLE AT ALL
30 RENTAL LOCATIONS TO ANY PERSON PROMPTLY UPON REQUEST THE AGENCY'S INTER-
31 NAL POLICY, WHICH SHALL INCLUDE, AT A MINIMUM:
32 (I) THE STANDARDS USED BY THE AGENCY TO DENY RENTALS;
33 (II) THE TYPES OF RELIABLE INFORMATION WHICH, PURSUANT TO SUBPARAGRAPH
34 (I) OF PARAGRAPH (C) OF THIS SUBDIVISION, THE AGENCY MAY USE TO MAKE AN
35 INITIAL DETERMINATION, AND PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
36 (C) OF THIS SUBDIVISION, THE AUTHORIZED DRIVER MAY USE TO REBUT THE
37 AGENCY'S INITIAL DETERMINATION TO REFUSE TO RENT;
38 (III) A PLAIN LANGUAGE STATEMENT OF THE PROCEDURES THE AUTHORIZED
39 DRIVER MUST UNDERTAKE TO REBUT AN INITIAL DETERMINATION TO REFUSE TO
40 RENT, WHICH SHALL BE SUFFICIENT TO APPRISE THE REASONABLE AUTHORIZED
41 DRIVER HOW TO UNDERTAKE SUCH PROCEDURE AND WHICH SHALL INCLUDE A TELE-
42 PHONE NUMBER AND THE ADDRESS OF THE AGENCY LOCATION WHERE REBUTTALS MAY
43 BE DIRECTED;
44 (IV) A PLAIN LANGUAGE DESCRIPTION OF THE PROVISIONS OF THIS SUBDIVI-
45 SION;
46 (V) A STATEMENT THAT COMPLAINTS AS TO VIOLATIONS OF THIS SUBDIVISION
47 MAY BE FILED WITH THE ATTORNEY GENERAL;
48 (VI) A DESCRIPTION OF THE RIGHT OF INJURED PERSONS TO BRING ACTIONS
49 UNDER SUBDIVISION SIX OF THIS SECTION; AND
50 (VII) A DESCRIPTION OF THE PENALTIES PROVIDED UNDER SUBDIVISION FIVE
51 OF THIS SECTION.
52 (I) AS USED IN THIS SUBDIVISION, "INITIAL DETERMINATION" SHALL MEAN
53 THE FIRST DECISION FOLLOWING A REQUEST TO RESERVE A MOTOR VEHICLE AS TO
54 WHETHER A MOTOR VEHICLE RENTAL AGENCY WILL RENT TO AN AUTHORIZED DRIVER
55 DUE TO SUCH DRIVER'S SATISFACTION OF THE AGENCY'S CASH QUALIFICATION
56 CRITERIA, WHICH SHALL BE REBUTTABLE AS PROVIDED IN THIS SUBDIVISION.
A. 1764 5
1 3. [A knowing violation of this section shall be punishable by a fine
2 not to exceed one thousand dollars] IT SHALL BE UNLAWFUL FOR ANY MOTOR
3 VEHICLE RENTAL AGENCY TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON THE
4 BASIS OF THE GEOGRAPHICAL LOCATION OF THE RESIDENCE OF THE PERSON
5 ATTEMPTING TO ENTER INTO SUCH RENTAL AGREEMENT:
6 (A) REFUSE TO RENT SUCH VEHICLE;
7 (B) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR VEHICLE;
8 OR
9 (C) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
10 RENTAL OF SUCH VEHICLE.
11 4. (A) IT SHALL BE UNLAWFUL FOR ANY MOTOR VEHICLE RENTAL AGENCY TO
12 ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON THE BASIS OF THE PAST DRIV-
13 ING HISTORY OF THE PERSON ATTEMPTING TO ENTER INTO SUCH RENTAL AGREE-
14 MENT, UNLESS SUCH PRACTICES ARE IN COMPLIANCE WITH THIS SUBDIVISION:
15 (I) REFUSE TO RENT SUCH VEHICLE;
16 (II) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR VEHI-
17 CLE; OR
18 (III) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
19 RENTAL OF SUCH VEHICLE.
20 (B) ANY MOTOR VEHICLE RENTAL AGENCY WHICH ENGAGES IN ANY OF THE PRAC-
21 TICES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO, IN WHOLE OR IN
22 PART, THE PAST DRIVING HISTORY OF SUCH DRIVER SHALL:
23 (I) COMPLY WITH AN INTERNAL POLICY IN COMPLIANCE WITH THIS SUBDIVI-
24 SION; AND
25 (II) PROVIDE PROMPT NOTICE TO EACH AUTHORIZED DRIVER REQUESTING A
26 RESERVATION THAT THE AGENCY CONSIDERS AN AUTHORIZED DRIVER'S PAST DRIV-
27 ING HISTORY IN DECIDING WHETHER TO RENT TO SUCH DRIVER AND/OR IN THE
28 ESTABLISHMENT OF RENTAL POLICIES, AND THAT A COPY OF THE AGENCY'S INTER-
29 NAL POLICY IS AVAILABLE UPON REQUEST. AS USED IN THIS SUBPARAGRAPH,
30 "PROMPT NOTICE" SHALL MEAN IN THE SAME TELEPHONE CONVERSATION AS THE
31 DRIVER'S REQUEST TO RESERVE THE MOTOR VEHICLE IF SUCH REQUEST IS MADE BY
32 TELEPHONE, IN THE SAME IN PERSON CONVERSATION AS THE DRIVER'S REQUEST TO
33 RESERVE THE MOTOR VEHICLE IF SUCH REQUEST IS MADE IN PERSON, AND BY A
34 WRITTEN NOTICE IN PLAIN LANGUAGE MAILED ON THE SAME BUSINESS DAY OF THE
35 DRIVER'S REQUEST TO RESERVE THE MOTOR VEHICLE IF SUCH REQUEST IS MADE IN
36 WRITING.
37 (C) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A MOTOR VEHICLE RENTAL
38 AGENCY FROM MAKING AN INITIAL DETERMINATION TO ENGAGE IN ANY OF THE
39 PRACTICES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO A DRIVER'S
40 PAST DRIVING HISTORY BASED ON AN INITIAL PRESUMPTION THAT THE INTERNAL
41 POLICY WAS VIOLATED, PROVIDED THAT:
42 (I) SUCH PRACTICE WAS BASED ON RELIABLE INFORMATION THAT SUCH DRIVER
43 HAD AN ACCIDENT WHILE DRIVING A MOTOR VEHICLE OR ON RELIABLE INFORMATION
44 THAT SUCH DRIVER VIOLATED ANY LAW OR REGULATION OF THIS OR ANY OTHER
45 STATE PERTAINING TO MOTOR VEHICLES;
46 (II) SUCH PRACTICE WAS IN COMPLIANCE WITH THE AGENCY'S INTERNAL POLI-
47 CY;
48 (III) SUCH DRIVER IS AFFORDED THE RIGHT TO REBUT SUCH DETERMINATION BY
49 FURNISHING THE AGENCY WITH A POLICE REPORT, A CRIMINAL OR CIVIL DECISION
50 BY A COURT OR ARBITRATOR, AN INSURANCE COMPANY DETERMINATION OR OTHER
51 SIMILAR RELIABLE INFORMATION AND SUCH RIGHT IS DESCRIBED IN THE WRITTEN
52 NOTICE OR THE WRITTEN CONFIRMATION, AS APPLICABLE, PRESCRIBED BY PARA-
53 GRAPHS (D) AND (E) OF THIS SUBDIVISION;
54 (IV) THE AGENCY MAKES A NEW DETERMINATION IN GOOD FAITH BASED ON SUCH
55 NEW INFORMATION WITHIN ONE WEEK THEREAFTER; AND
A. 1764 6
1 (V) THE AGENCY IS OTHERWISE IN COMPLIANCE WITH PARAGRAPHS (D), (E) AND
2 (F) OF THIS SUBDIVISION.
3 NOTHING IN THIS PARAGRAPH SHALL REQUIRE AN AGENCY TO PERMIT A DRIVER
4 TO REBUT AN INITIAL DETERMINATION BASED ON A CLAIM THAT A GOVERNMENTAL
5 ENTITY WHICH FOUND THE DRIVER IN VIOLATION OF A MOTOR VEHICLE LAW OR
6 REGULATION WAS INCORRECT IN ITS FINDING.
7 (D) IF THE AUTHORIZED DRIVER'S REQUEST TO RESERVE A MOTOR VEHICLE IS
8 MADE FOUR OR MORE DAYS PRIOR TO THE REQUESTED HOUR OF DEPARTURE, SUCH
9 AGENCY SHALL MAKE AN INITIAL DETERMINATION, AND, IN THE EVENT OF AN
10 INITIAL DETERMINATION TO ENGAGE IN ANY OF THE PRACTICES LISTED IN PARA-
11 GRAPH (A) OF THIS SUBDIVISION, INFORM SUCH DRIVER THROUGH A WRITTEN
12 NOTICE MAILED SEVEN DAYS AFTER THE REQUEST IS MADE, OR THREE DAYS PRIOR
13 TO THE SCHEDULED HOUR OF DEPARTURE, WHICHEVER IS EARLIER. SUCH WRITTEN
14 NOTICE SHALL STATE THE SOURCE OF THE INFORMATION WHICH FORMS THE BASIS
15 FOR THE PRACTICE, AND THE BASIS FOR SUCH PRACTICE, AND BE ACCOMPANIED BY
16 THE INTERNAL POLICY.
17 (E) IF THE AUTHORIZED DRIVER'S REQUEST TO RESERVE A MOTOR VEHICLE IS
18 MADE THREE OR FEWER DAYS PRIOR TO THE REQUESTED HOUR OF DEPARTURE, SUCH
19 AGENCY SHALL MAKE AN INITIAL DETERMINATION, AND, IN THE EVENT OF AN
20 INITIAL DETERMINATION TO ENGAGE IN ANY OF THE PRACTICES LISTED IN PARA-
21 GRAPH (A) OF THIS SUBDIVISION, PROVIDE ORAL NOTICE WITHIN TWELVE HOURS
22 OF THE REQUEST. SUCH ORAL NOTICE SHALL BE FOLLOWED WITHIN TWENTY-FOUR
23 HOURS THEREAFTER WITH A WRITTEN CONFIRMATION WHICH SHALL STATE THE
24 SOURCE OF THE INFORMATION WHICH FORMS THE BASIS FOR THE PRACTICE, AND
25 THE BASIS OF SUCH PRACTICE, AND SHALL BE ACCOMPANIED BY A COPY OF THE
26 INTERNAL POLICY.
27 (F) ANY AGENCY WHICH ENGAGES IN ANY OF THE PRACTICES LISTED IN PARA-
28 GRAPH (A) OF THIS SUBDIVISION DUE TO PAST DRIVING HISTORY SHALL MAINTAIN
29 ALL INFORMATION RELEVANT TO THE AGENCY'S DETERMINATION FOR A PERIOD OF
30 AT LEAST ONE YEAR AFTER ENGAGING IN SUCH PRACTICE. ANY AGENCY WHICH
31 MAKES AN INITIAL DETERMINATION UNDER PARAGRAPH (C) OF THIS SUBDIVISION
32 BUT REVERSES SUCH DETERMINATION BASED ON NEW INFORMATION SHALL MAINTAIN
33 ALL INFORMATION RELEVANT TO THE AGENCY'S DETERMINATION, INCLUDING THE
34 INFORMATION WHICH FORMED THE BASIS FOR THE REVERSAL, IN THE AGENCY'S
35 RECORDS, AND ADHERE TO SUCH REVERSAL, FOR AT LEAST ONE YEAR, OR THE
36 PERIOD SUCH INFORMATION IS RELEVANT UNDER THE AGENCY'S INTERNAL POLICY,
37 WHICHEVER IS LONGER. NOTHING IN THIS PARAGRAPH SHALL REQUIRE ANY MOTOR
38 VEHICLE RENTAL AGENCY TO MAINTAIN ANY INFORMATION IF THE DRIVER REQUESTS
39 OR AUTHORIZES THAT SUCH INFORMATION IS DELETED FROM THE AGENCY'S
40 RECORDS.
41 (G) AN AUTHORIZED DRIVER'S PAST DRIVING HISTORY SHALL BE CONSIDERED
42 BASED ON RELIABLE INFORMATION UNDER SUBPARAGRAPH (I) OF PARAGRAPH (C) OF
43 THIS SUBDIVISION IF THE INFORMATION WAS FURNISHED TO THE MOTOR VEHICLE
44 RENTAL AGENCY BY:
45 (I) THE AUTHORIZED DRIVER;
46 (II) THE PERSON WHO EXECUTES THE RENTAL AGREEMENT; OR
47 (III) A GOVERNMENTAL ENTITY UNDER A LEGAL DUTY TO ACCURATELY COMPILE
48 AND REPORT THE INFORMATION WHICH FORMS THE BASIS FOR THE PRACTICE.
49 (H) ANY MOTOR VEHICLE RENTAL AGENCY WHICH ENGAGES IN ANY OF THE PRAC-
50 TICES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO, IN WHOLE OR IN
51 PART, THE PAST DRIVING HISTORY OF SUCH DRIVER SHALL MAKE AVAILABLE AT
52 ALL RENTAL LOCATIONS TO ANY PERSON PROMPTLY UPON REQUEST THE AGENCY'S
53 INTERNAL POLICY, WHICH SHALL INCLUDE, AT A MINIMUM:
54 (I) THE STANDARDS USED BY THE AGENCY TO ENGAGE IN SUCH PRACTICES;
55 (II) THE TYPES OF RELIABLE INFORMATION WHICH, PURSUANT TO SUBPARAGRAPH
56 (I) OF PARAGRAPH (C) OF THIS SUBDIVISION, THE AGENCY MAY USE TO MAKE AN
A. 1764 7
1 INITIAL DETERMINATION, AND PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
2 (C) OF THIS SUBDIVISION, THE AUTHORIZED DRIVER MAY REBUT THE AGENCY'S
3 INITIAL DETERMINATION TO ENGAGE IN SUCH PRACTICES;
4 (III) A PLAIN LANGUAGE STATEMENT OF THE PROCEDURES THE AUTHORIZED
5 DRIVER MUST UNDERTAKE TO REBUT AN AGENCY'S INITIAL DETERMINATION TO
6 ENGAGE IN SUCH PRACTICES, WHICH SHALL BE SUFFICIENT TO APPRISE THE
7 REASONABLE AUTHORIZED DRIVER HOW TO UNDERTAKE SUCH PROCEDURE AND WHICH
8 SHALL INCLUDE A TELEPHONE NUMBER AND THE ADDRESS OF THE AGENCY LOCATION
9 WHERE REBUTTALS MAY BE DIRECTED;
10 (IV) A PLAIN LANGUAGE DESCRIPTION OF THE PROVISIONS OF THIS SUBDIVI-
11 SION;
12 (V) A STATEMENT THAT COMPLAINTS AS TO VIOLATIONS OF THIS SUBDIVISION
13 MAY BE FILED WITH THE ATTORNEY GENERAL;
14 (VI) A DESCRIPTION OF THE RIGHT OF INJURED PERSONS TO BRING ACTIONS
15 UNDER SUBDIVISION SIX OF THIS SECTION; AND
16 (VII) A DESCRIPTION OF THE PENALTIES PROVIDED UNDER SUBDIVISION FIVE
17 OF THIS SECTION.
18 (I) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, IT SHALL BE
19 UNLAWFUL FOR ANY MOTOR VEHICLE RENTAL AGENCY TO ENGAGE IN ANY OF THE
20 PRACTICES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO, IN WHOLE
21 OR IN PART, ANY PRIOR ACCIDENT WHILE DRIVING A MOTOR VEHICLE OR ANY
22 VIOLATION OF ANY LAW OR REGULATION OF THIS OR ANY OTHER STATE PERTAINING
23 TO MOTOR VEHICLES WHICH OCCURRED MORE THAN FOUR YEARS PRIOR TO THE DATE
24 OF THE DRIVER'S REQUEST TO RENT THE MOTOR VEHICLE.
25 (J) AS USED IN THIS SUBDIVISION, "INITIAL DETERMINATION" SHALL MEAN
26 THE FIRST DECISION FOLLOWING A REQUEST TO RESERVE A MOTOR VEHICLE AS TO
27 WHETHER A MOTOR VEHICLE RENTAL AGENCY WILL ENGAGE IN ANY OF THE PRAC-
28 TICES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO THE PAST DRIV-
29 ING HISTORY OF SUCH DRIVER, WHICH SHALL BE REBUTTABLE AS PROVIDED IN
30 THIS SUBDIVISION.
31 5. UPON ANY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY
32 THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE TO A COURT
33 OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND UPON NOTICE
34 TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
35 CONTINUANCE OF THE VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF
36 THE COURT OR JUSTICE THAT THE RESPONDENT HAS VIOLATED ANY PROVISION OF
37 THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,
38 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
39 THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
40 SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
41 AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
42 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
43 TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
44 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
45 THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION.
46 6. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
47 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
48 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
49 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
50 ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR
51 BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAIL-
52 ING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND DOLLARS, IF
53 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE
54 PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
55 FEES TO A PREVAILING PLAINTIFF.
A. 1764 8
1 S 3. Subdivision 3 of section 391-1 of the general business law, as
2 added by chapter 573 of the laws of 1980 and such section as redesig-
3 nated by chapter 694 of the laws of 1995, is amended to read as follows:
4 3. [A knowing violation of this section shall be punishable by a fine
5 not to exceed five hundred dollars] IT SHALL BE UNLAWFUL FOR ANY MOTOR
6 VEHICLE RENTAL AGENCY TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON THE
7 BASIS OF THE GEOGRAPHICAL LOCATION OF THE RESIDENCE OF THE PERSON
8 ATTEMPTING TO ENTER INTO SUCH RENTAL AGREEMENT:
9 (A) REFUSE TO RENT SUCH VEHICLE;
10 (B) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR VEHICLE;
11 OR
12 (C) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
13 RENTAL OF SUCH VEHICLE.
14 S 4. Subdivision 7 of section 396-z of the general business law is
15 amended by adding a new paragraph (e) to read as follows:
16 (E) ANY SECURITY OR DEPOSIT IMPOSED BY A RENTAL VEHICLE COMPANY, BY
17 CASH, CREDIT CARD OR OTHERWISE, USED AS SECURITY FOR THE PAYMENT OF THE
18 RENTAL RATE, SHALL BE LIMITED TO ONE HUNDRED FIFTY PERCENT OF THE RENTAL
19 RATE, MEASURED AS OF THE INCEPTION OF THE RENTAL AGREEMENT. NOTHING IN
20 THIS PARAGRAPH SHALL AUTHORIZE ANY SECURITY, DEPOSIT OR CHARGE PROHIBIT-
21 ED BY THIS SUBDIVISION OR SUBDIVISION TEN OF THIS SECTION. FOR THE
22 PURPOSES OF THIS PARAGRAPH, THE TERM "RENTAL RATE" SHALL INCLUDE ALL
23 CHARGES, EXCEPT TAXES AND ANY MILEAGE CHARGE, WHICH THE AUTHORIZED DRIV-
24 ER MUST PAY FOR THE USE OF THE RENTAL VEHICLE.
25 S 5. Subdivision 6 of section 396-z of the general business law, as
26 added by chapter 784 of the laws of 1988 and as renumbered by chapter 1
27 of the laws of 1994, is amended to read as follows:
28 6. (A) No rental vehicle company may require any security, deposit, or
29 charge for damage in any form, by credit card or otherwise, during the
30 term of the rental agreement or pending resolution of any dispute.
31 (B) ANY SECURITY OR DEPOSIT IMPOSED BY A RENTAL VEHICLE COMPANY, BY
32 CASH, CREDIT CARD OR OTHERWISE, USED AS SECURITY FOR THE PAYMENT OF THE
33 RENTAL RATE, SHALL BE LIMITED TO ONE HUNDRED FIFTY PERCENT OF THE RENTAL
34 RATE, MEASURED AS OF THE INCEPTION OF THE RENTAL AGREEMENT. NOTHING IN
35 THIS PARAGRAPH SHALL AUTHORIZE ANY SECURITY, DEPOSIT OR CHARGE PROHIBIT-
36 ED BY PARAGRAPH (A) OF THIS SUBDIVISION OR SUBDIVISION NINE OF THIS
37 SECTION. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "RENTAL RATE"
38 SHALL INCLUDE ALL CHARGES, EXCEPT TAXES AND ANY MILEAGE CHARGE, WHICH
39 THE AUTHORIZED DRIVER MUST PAY FOR THE USE OF THE RENTAL VEHICLE.
40 S 6. Subdivision 15 of section 396-z of the general business law, as
41 amended by chapter 731 of the laws of 2006, is amended and a new subdi-
42 vision 16 is added to read as follows:
43 15. [In accordance with any applicable federal law or rule, every]
44 EVERY rental vehicle company shall display the following INFORMATION in
45 a conspicuous location VISIBLE TO ANY POTENTIAL CUSTOMER, with lettering
46 that is legible and that shall be at least three-quarters of an inch
47 boldface type:
48 [NOTICE: New York State Law prohibits the following practices by
49 rental vehicle companies based upon race, color, ethnic origin, reli-
50 gion, disability, sex, marital status, or age: (1) refusal to rent; (2)
51 the imposition of any additional charge (except in certain instances
52 where the renter is under the age of 25). In addition, it is unlawful
53 for any rental vehicle company to refuse to rent a vehicle to any person
54 solely on the requirement of ownership of a credit card.]
55 "NOTICE: NEW YORK STATE LAW PROHIBITS THE FOLLOWING PRACTICES BY
56 RENTAL VEHICLE COMPANIES BASED UPON RACE, CREED, RELIGION, COLOR, ETHNIC
A. 1764 9
1 ORIGIN, SEX, MARITAL STATUS, DISABILITY, AGE, LOCATION OR RENTER'S RESI-
2 DENCE AND CREDIT CARD OWNERSHIP: (1) THE REFUSAL TO RENT; (2) THE IMPO-
3 SITION OF ANY ADDITIONAL CHARGE; AND (3) THE IMPOSITION OF ANY ADDI-
4 TIONAL TERMS, CONDITIONS OR PRIVILEGES UPON A RENTAL OF A VEHICLE.
5 FURTHER, A RENTER'S LIABILITY FOR DAMAGES OR LOSS OF THE VEHICLE IS
6 GENERALLY LIMITED TO $100. IN ADDITION, THE TOTAL CHARGE FOR EACH ADDI-
7 TIONAL DRIVER MAY NOT EXCEED FIVE DOLLARS AND ANY REQUIRED DEPOSIT
8 CANNOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE RENTAL AGREEMENT. FOR
9 INFORMATION ABOUT RENTAL VEHICLE LAWS, OR TO FILE A COMPLAINT, CONTACT
10 THE NEW YORK STATE ATTORNEY GENERAL AT (ADDRESS AND TELEPHONE NUMBER OF
11 REGIONAL OFFICE OF THE ATTORNEY GENERAL)."
12 16. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
13 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
14 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
15 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
16 ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR
17 BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAIL-
18 ING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND DOLLARS, IF
19 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE
20 PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
21 FEES TO A PREVAILING PLAINTIFF.
22 S 7. Section 396-z of the general business law is amended by adding
23 two new subdivisions 14 and 15 to read as follows:
24 14. EVERY RENTAL VEHICLE COMPANY SHALL DISPLAY THE FOLLOWING INFORMA-
25 TION IN A CONSPICUOUS LOCATION VISIBLE TO ANY POTENTIAL CUSTOMER, WITH
26 LETTERING THAT IS LEGIBLE AND SHALL BE AT LEAST THREE-QUARTERS OF AN
27 INCH BOLDFACE TYPE:
28 "NOTICE: NEW YORK STATE LAW PROHIBITS THE FOLLOWING PRACTICES BY
29 RENTAL VEHICLE COMPANIES BASED UPON RACE, CREED, RELIGION, COLOR, ETHNIC
30 ORIGIN, SEX, MARITAL STATUS, DISABILITY, AGE, LOCATION OF RENTER'S RESI-
31 DENCE AND CREDIT CARD OWNERSHIP: (1) THE REFUSAL TO RENT; (2) THE IMPO-
32 SITION OF ANY ADDITIONAL CHARGE; AND (3) THE IMPOSITION OF ANY ADDI-
33 TIONAL TERMS, CONDITIONS OR PRIVILEGES UPON A RENTAL OF A VEHICLE.
34 FURTHER, A RENTER'S LIABILITY FOR DAMAGES OR LOSS OF THE VEHICLE IS
35 GENERALLY LIMITED TO $100. IN ADDITION, THE TOTAL CHARGE FOR EACH ADDI-
36 TIONAL DRIVER MAY NOT EXCEED FIVE DOLLARS AND ANY REQUIRED DEPOSIT
37 CANNOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE RENTAL AGREEMENT. FOR
38 INFORMATION ABOUT RENTAL VEHICLE LAWS, OR TO FILE A COMPLAINT, CONTACT
39 THE NEW YORK STATE ATTORNEY GENERAL AT (ADDRESS AND TELEPHONE NUMBER OF
40 REGIONAL OFFICE OF THE ATTORNEY GENERAL)."
41 15. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
42 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
43 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
44 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
45 ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR
46 BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAIL-
47 ING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND DOLLARS, IF
48 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE
49 PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
50 FEES TO A PREVAILING PLAINTIFF.
51 S 8. Section 398-b of the general business law, as amended by chapter
52 656 of the laws of 2002, is amended to read as follows:
53 S 398-b. Discrimination in car rentals prohibited. 1. [No car or vehi-
54 cle rental agency shall refuse to rent a car or vehicle to any person
55 otherwise qualified because of race, color, ethnic origin, religion,
56 disability, or sex] IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNER-
A. 1764 10
1 SHIP, ASSOCIATION OR CORPORATION ENGAGED IN THE BUSINESS OF RENTING
2 MOTOR VEHICLES TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON THE BASIS
3 OF THE RACE, CREED, RELIGION, COLOR, ETHNIC ORIGIN, SEX, MARITAL STATUS
4 OR DISABILITY OF THE PERSON ATTEMPTING TO ENTER INTO SUCH RENTAL AGREE-
5 MENT:
6 (A) REFUSE TO RENT SUCH VEHICLE;
7 (B) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR VEHICLE;
8 OR
9 (C) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
10 RENTAL OF SUCH VEHICLE.
11 2. NOTWITHSTANDING ANY CHARGES AUTHORIZED BY PARAGRAPH (B) OF SUBDI-
12 VISION TEN OF SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE, IT
13 SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
14 CORPORATION ENGAGED IN THE BUSINESS OF RENTING MOTOR VEHICLES, IN
15 RESPONSE TO A REQUEST FROM A PERSON WITH A DISABILITY, TO FAIL TO TAKE
16 ANY REASONABLE EFFORT TO PROVIDE SUCH PERSON, FREE OF CHARGE, WITH ANY
17 ACCESSORIES NECESSARY FOR SUCH PERSON TO OPERATE SUCH VEHICLE. FOR
18 PURPOSES OF THIS SUBDIVISION, A REASONABLE EFFORT SHALL BE ANY EFFORT
19 THAT DOES NOT INCUR AN UNDULY BURDENSOME EXPENSE.
20 3. Any rental vehicle company found by a court of competent jurisdic-
21 tion to have violated a provision of this section shall be subject to a
22 penalty of not less than one thousand dollars nor more than twenty-five
23 hundred dollars for each violation.
24 [3.] 4. (a) Whenever a rental vehicle company engages in a persistent
25 or repeated business activity or conduct which discriminates against any
26 individual based upon the individual's race, color, ethnic origin, reli-
27 gion, disability, or sex or membership in an otherwise protected class
28 pursuant to federal law, the attorney general may apply, in the name of
29 the people of the state of New York, to the supreme court of the state
30 of New York, on five days notice, for an order enjoining the continuance
31 of such business activity and directing restitution and damages. In any
32 such proceeding, the attorney general may seek a civil penalty not to
33 exceed five thousand dollars per violation and may recover costs pursu-
34 ant to paragraph six of subdivision (a) of section eighty-three hundred
35 three of the civil practice law and rules.
36 (b) The term "persistent" as used in this subdivision shall include
37 continuance or carrying on of any such business activity or conduct. The
38 term "repeated" as used in this subdivision shall include repetition of
39 any separate and distinct business activity or conduct which affect more
40 than one person. The term "business activity" as used in this subdivi-
41 sion shall include policies and/or standard practices of the rental
42 vehicle company.
43 (c) In connection with any such application, the attorney general is
44 authorized to take proof and make a determination of the relevant facts
45 and to issue subpoenas in accordance with the civil practice law and
46 rules. Such authorization shall not abate or terminate by reason of any
47 action or proceeding brought by the attorney general under this section.
48 5. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
49 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
50 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
51 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
52 ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR
53 BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAIL-
54 ING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND DOLLARS, IF
55 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE
A. 1764 11
1 PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
2 FEES TO A PREVAILING PLAINTIFF.
3 S 9. Section 398-b of the general business law, as added by chapter
4 494 of the laws of 1980, is amended to read as follows:
5 S 398-b. Discrimination in car rentals prohibited. [No car or vehicle
6 rental agency shall refuse to rent a car or vehicle to any person other-
7 wise qualified because of race, color, ethnic origin or sex] 1. IT SHALL
8 BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPO-
9 RATION ENGAGED IN THE BUSINESS OF RENTING MOTOR VEHICLES TO ENGAGE IN
10 ANY OF THE FOLLOWING PRACTICES ON THE BASIS OF THE RACE, CREED, RELI-
11 GION, COLOR, ETHNIC ORIGIN, SEX, MARITAL STATUS OR DISABILITY OF THE
12 PERSON ATTEMPTING TO ENTER INTO SUCH RENTAL AGREEMENT:
13 (A) REFUSE TO RENT SUCH VEHICLE;
14 (B) IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR VEHICLE;
15 OR
16 (C) IMPOSE ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON THE
17 RENTAL OF SUCH VEHICLE.
18 2. NOTWITHSTANDING ANY CHARGES AUTHORIZED BY PARAGRAPH (B) OF SUBDIVI-
19 SION NINE OF SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE, IT
20 SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
21 CORPORATION ENGAGED IN THE BUSINESS OF RENTING MOTOR VEHICLES, IN
22 RESPONSE TO A REQUEST FROM A PERSON WITH A DISABILITY, TO FAIL TO TAKE
23 ANY REASONABLE EFFORT TO PROVIDE SUCH PERSON, FREE OF CHARGE, WITH ANY
24 ACCESSORIES NECESSARY FOR SUCH PERSON TO OPERATE SUCH VEHICLE. FOR
25 PURPOSES OF THIS SUBDIVISION, A REASONABLE EFFORT SHALL BE ANY EFFORT
26 THAT DOES NOT INCUR AN UNDULY BURDENSOME EXPENSE.
27 3. ANY RENTAL VEHICLE COMPANY FOUND BY A COURT OF COMPETENT JURISDIC-
28 TION TO HAVE VIOLATED A PROVISION OF THIS SECTION SHALL BE SUBJECT TO A
29 PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWENTY-FIVE
30 HUNDRED DOLLARS FOR EACH VIOLATION.
31 4. (A) WHENEVER A RENTAL VEHICLE COMPANY ENGAGES IN A PERSISTENT OR
32 REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH DISCRIMINATES AGAINST ANY
33 INDIVIDUAL BASED UPON THE INDIVIDUAL'S RACE, COLOR, ETHNIC ORIGIN, RELI-
34 GION, DISABILITY, OR SEX OR MEMBERSHIP IN AN OTHERWISE PROTECTED CLASS
35 PURSUANT TO FEDERAL LAW, THE ATTORNEY GENERAL MAY APPLY, IN THE NAME OF
36 THE PEOPLE OF THE STATE OF NEW YORK, TO THE SUPREME COURT OF THE STATE
37 OF NEW YORK, ON FIVE DAYS NOTICE, FOR AN ORDER ENJOINING THE CONTINUANCE
38 OF SUCH BUSINESS ACTIVITY AND DIRECTING RESTITUTION AND DAMAGES. IN ANY
39 SUCH PROCEEDING, THE ATTORNEY GENERAL MAY SEEK A CIVIL PENALTY NOT TO
40 EXCEED FIVE THOUSAND DOLLARS PER VIOLATION AND MAY RECOVER COSTS PURSU-
41 ANT TO PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED
42 THREE OF THE CIVIL PRACTICE LAW AND RULES.
43 (B) THE TERM "PERSISTENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE
44 CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT. THE
45 TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE REPETITION OF
46 ANY SEPARATE AND DISTINCT BUSINESS ACTIVITY OR CONDUCT WHICH AFFECTS
47 MORE THAN ONE PERSON. THE TERM "BUSINESS ACTIVITY" AS USED IN THIS
48 SUBDIVISION SHALL INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE
49 RENTAL VEHICLE COMPANY.
50 (C) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS
51 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
52 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
53 RULES. SUCH AUTHORIZATION SHALL NOT ABATE OR TERMINATE BY REASON OF ANY
54 ACTION OR PROCEEDING BROUGHT BY THE ATTORNEY GENERAL UNDER THIS SECTION.
55 5. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
56 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
A. 1764 12
1 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
2 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
3 ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR
4 BOTH SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAIL-
5 ING PLAINTIFF IN SUCH ACTION A PENALTY UP TO ONE THOUSAND DOLLARS, IF
6 THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE
7 PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
8 FEES TO A PREVAILING PLAINTIFF.
9 S 10. Section 3440 of the insurance law is amended by adding a new
10 subsection (g) to read as follows:
11 (G) THE SUPERINTENDENT IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
12 AND REGULATIONS TO GOVERN THE ACTUAL EXTRA COST FOR INSURANCE RELATING
13 TO THE AGE OF THE PERSON RENTING A MOTOR VEHICLE TO BE PASSED ON TO SUCH
14 PERSON PURSUANT TO SECTION THREE HUNDRED NINETY-ONE-G OF THE GENERAL
15 BUSINESS LAW.
16 S 11. This act shall take effect on the thirtieth day after it shall
17 have become a law and shall apply to any rental contract entered into on
18 or after such effective date; provided, however, that the amendments to
19 subdivision 3 of section 391-l of the general business law made by
20 section two of this act, the amendments to subdivision 7 of section
21 396-z of the general business law made by section four of this act, the
22 amendments to subdivisions 15 and 16 of section 396-z of the general
23 business law made by section six of this act, and the amendments to
24 section 398-b of the general business law made by section eight of this
25 act shall not affect the expiration and repeal of such subdivisions and
26 sections as provided in section 4 of chapter 656 of the laws of 2002, as
27 amended, and shall expire and be deemed repealed therewith, when upon
28 such date the provisions of sections three, five, seven and nine of this
29 act shall take effect.
