Assembly Bill A5952A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5952--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M. of A. KAVANAGH, CLARK, CYMBROWITZ, DINOWITZ, FARRELL,
  JAFFEE, MILLMAN, ROSENTHAL, WEINSTEIN -- Multi-Sponsored by --  M.  of
  A.  BRENNAN,  COLTON,  COOK,  GALEF, GLICK, GOTTFRIED, HIKIND, JACOBS,
  McENENY,  O'DONNELL,  ORTIZ,  PEOPLES-STOKES,  J. RIVERA,   N. RIVERA,
  P. RIVERA,  ROBINSON,  WEISENBERG  --  read  once  and referred to the
  Committee on Consumer Affairs and Protection  --  recommitted  to  the
  Committee on Consumer Affairs and Protection in accordance with Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to  discrimination
  in the rental of motor vehicles on the basis of geographic location

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S 391-S. RENTAL OF MOTOR VEHICLES;  DISCRIMINATION  ON  THE  BASIS  OF
GEOGRAPHICAL  LOCATION.    1. IT SHALL BE UNLAWFUL FOR ANY MOTOR VEHICLE
RENTAL AGENCY TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON  THE  BASIS
OF  THE  GEOGRAPHICAL LOCATION OF THE RESIDENCE OF THE PERSON ATTEMPTING
TO ENTER INTO SUCH RENTAL AGREEMENT:
  A. REFUSE TO RENT SUCH VEHICLE;
  B. IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR  VEHICLE;
OR
  C.  IMPOSE  ANY  ADDITIONAL  TERMS,  CONDITIONS OR PRIVILEGES UPON THE
RENTAL OF SUCH VEHICLE.
  2. UPON ANY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE  MADE  BY
THE  ATTORNEY  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE TO A COURT
OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND  UPON  NOTICE
TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
CONTINUANCE  OF THE VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE RESPONDENT HAS VIOLATED ANY  PROVISION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00030-02-2
              

A. 5952--A                          2

THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE COURT OR JUSTICE,
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION.
  3. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR TWO HUNDRED FIFTY DOLLARS, WHICHEVER  IS  GREATER,  OR
BOTH  SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD
OF DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES  UP
TO  ONE  THOUSAND FIVE HUNDRED DOLLARS, IF THE COURT FINDS THE DEFENDANT
WILLFULLY OR KNOWINGLY VIOLATED THE  PROVISIONS  OF  THIS  SECTION.  THE
COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.