Prohibits hotels, motels and lodging establishments from selling prepaid rooms to another person if the original guest fails to check in on the first day of the scheduled reservation or if the guest fails to check in within the first, second or third night for prepaid reservations of seven days or longer; provides penalties for violations.
S T A T E O F N E W Y O R K
________________________________________________________________________
5185
2025-2026 Regular Sessions
I N A S S E M B L Y
February 12, 2025
___________
Introduced by M. of A. NOVAKHOV -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law in relation to prohibiting
hotels, motels and lodging establishments from selling prepaid rooms
to another person in certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that many hotel
reservations are prepaid in advance. Failure to check in on the first
night of a prepaid reservation can result in lost revenue for the hotel
and inconvenience for other guests. Some hotels have been known to sell
a prepaid room to a second person if the original guest fails to check
in, causing confusion and potential legal issues.
§ 2. The general business law is amended by adding a new section 210
to read as follows:
§ 210. PREPAID HOTEL RESERVATIONS. 1. (A) ANY HOTEL, MOTEL OR LODGING
ESTABLISHMENT SHALL BE PROHIBITED FROM SELLING A PREPAID ROOM TO A
SECOND PERSON IF THE ORIGINAL GUEST FAILS TO CHECK IN ON THE FIRST NIGHT
OF THE ORIGINALLY SCHEDULED RESERVATION. IF A RESERVATION IS SCHEDULED
FOR SEVEN DAYS OR LONGER, ANY HOTEL, MOTEL OR LODGING ESTABLISHMENT
SHALL BE PROHIBITED FROM SELLING A PREPAID ROOM TO A SECOND PERSON IF
THE ORIGINAL GUEST FAILS TO CHECK IN ON THE FIRST, SECOND OR THIRD NIGHT
OF THE ORIGINALLY SCHEDULED RESERVATION.
(B) IT SHALL BE REQUIRED THAT ANY GUEST WITH A PREPAID RESERVATION AT
A HOTEL, MOTEL OR LODGING ESTABLISHMENT WHO WILL NOT BE CHECKING IN ON
THE FIRST NIGHT OF SUCH RESERVATION SHALL PROVIDE NOTICE, BY TELEPHONE
OR ELECTRONIC MAIL, TO SUCH HOTEL, MOTEL OR LODGING ESTABLISHMENT OF
SUCH LATE CHECK-IN. IF SUCH NOTICE IS NOT PROVIDED BY THE GUEST PURSUANT
TO THIS PARAGRAPH, THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
SHALL NOT APPLY AND SUCH HOTEL, MOTEL OR LODGING ESTABLISHMENT WHERE THE
PREPAID RESERVATION WAS MADE SHALL HAVE THE RIGHT TO CANCEL SUCH RESER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08973-01-5
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