S T A T E O F N E W Y O R K
________________________________________________________________________
1782
2017-2018 Regular Sessions
I N A S S E M B L Y
January 13, 2017
___________
Introduced by M. of A. KAVANAGH, CYMBROWITZ, DINOWITZ, FARRELL, JAFFEE,
ROSENTHAL, WEPRIN -- Multi-Sponsored by -- M. of A. COLTON, COOK,
GALEF, GLICK, GOTTFRIED, HIKIND, O'DONNELL, ORTIZ, PEOPLES-STOKES,
RIVERA -- read once and referred to the Committee on Consumer Affairs
and Protection
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-u to read as follows:
§ 391-U. 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02730-01-7
A. 1782 2
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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.