Assembly Bill A1043A

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

                                 1043--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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,
  O'DONNELL, ORTIZ, PEOPLES-STOKES, 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 Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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-t to read as follows:
  S 391-T. 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

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

                                                           LBD03127-02-4

A. 1043--A                          2

THE COURT OR JUSTICE THAT THE RESPONDENT HAS VIOLATED ANY  PROVISION  OF
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.