Assembly Bill A9145

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9145
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend the executive law, in relation to requiring venues of
   public accommodation to maintain accessible parking in accordance with
   federal law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The legislature hereby finds and declares that accessible
 parking is essential to ensuring equitable  access  to  public  accommo-
 dations  for  individuals with disabilities. While federal law under the
 Americans with Disabilities Act requires accessible parking, enforcement
 at large venues has proven inconsistent.  This  legislation  establishes
 state  oversight, annual certification, and a fair enforcement structure
 to ensure consistent compliance without jeopardizing business  licensure
 unrelated to accessibility.
   §  2.  The  executive  law is amended by adding a new section 170-j to
 read as follows:
   § 170-J. ACCESSIBLE  PARKING  COMPLIANCE  AT  PUBLIC  VENUES.  1.  FOR
 PURPOSES OF THIS SECTION:
   (A)  "VENUE"  SHALL  MEAN ANY ARENA, STADIUM, AMPHITHEATER, CONVENTION
 CENTER, OR SIMILAR FACILITY THAT:
   (I) IS LOCATED WITHIN THE STATE OF NEW YORK;
   (II) HAS A MAXIMUM OCCUPANCY OF FIVE HUNDRED PERSONS OR MORE; AND
   (III) HOSTS PUBLIC PERFORMANCES, SPORTING  EVENTS,  CONCERTS,  EXHIBI-
 TIONS, OR OTHER LARGE PUBLIC GATHERINGS.
   (B)  "ACCESSIBLE  PARKING"  SHALL  MEAN  OFF-STREET PARKING SPACES AND
 RELATED FACILITIES THAT CONFORM TO THE REQUIREMENTS OF THE  2010  AMERI-
 CANS  WITH  DISABILITIES  ACT STANDARDS FOR ACCESSIBLE DESIGN INCLUDING,
 BUT NOT LIMITED TO SIZE,  SIGNAGE,  SURFACING,  VAN  ACCESSIBILITY,  AND
 ROUTE TO ENTRANCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13508-01-5
 A. 9145                             2
              

 
   2.  (A)  EVERY  VENUE  SHALL  PROVIDE  AND MAINTAIN ACCESSIBLE PARKING
 FACILITIES IN COMPLIANCE WITH FEDERAL STANDARDS.
   (B)  ACCESSIBLE  SPACES  SHALL  BE  LOCATED ON THE SHORTEST ACCESSIBLE
 ROUTE FROM PARKING TO THE PRINCIPAL ENTRANCE,  BE  PROPERLY  SIGNED  AND
 STRIPED, AND BE FREE OF OBSTRUCTIONS.
   (C)  ACCESSIBLE  SPACES  SHALL  BE MADE AVAILABLE AT THE SAME PRICE OR
 LOWEST RATE OFFERED FOR ANY PARKING ON THE SAME DATE.
   3. (A) EACH VENUE SHALL SUBMIT TO THE  DIVISION  OF  HUMAN  RIGHTS  AN
 ANNUAL CERTIFICATION OF ACCESSIBLE PARKING COMPLIANCE.
   (B) SUCH CERTIFICATION SHALL INCLUDE:
   (I) A DIAGRAM OF DESIGNATED ACCESSIBLE PARKING SPACES AND ROUTES;
   (II) A SIGNED ATTESTATION BY A LICENSED ARCHITECT, ENGINEER, OR CERTI-
 FIED ACCESSIBILITY SPECIALIST THAT SUCH SPACES CONFORM TO FEDERAL STAND-
 ARDS; AND
   (III)  ANY CHANGES MADE DURING THE PRECEDING YEAR AFFECTING THE AVAIL-
 ABILITY OR CONFIGURATION OF ACCESSIBLE PARKING.
   4.  (A)  THE  DIVISION  OF  HUMAN  RIGHTS  SHALL  INVESTIGATE  ALLEGED
 VIOLATIONS OF THIS SECTION AND MAY CONDUCT RANDOM AUDITS OF NO LESS THAN
 FIVE PERCENT OF CERTIFIED VENUES ANNUALLY.
   (B)  ANY  VENUE  FOUND  TO BE IN VIOLATION SHALL BE SUBJECT TO A CIVIL
 PENALTY AS FOLLOWS:
   (I) NOT MORE THAN TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  A  FIRST
 OFFENSE; AND
   (II)  NOT  MORE THAN FIVE THOUSAND DOLLARS FOR EACH SUBSEQUENT OFFENSE
 OCCURRING WITHIN A TWO-YEAR PERIOD.
   (C) MUNICIPALITIES SHALL HAVE CONCURRENT AUTHORITY TO  INSPECT  VENUES
 WITHIN THEIR JURISDICTION AND ISSUE CORRECTIVE ORDERS OR CIVIL FINES NOT
 TO  EXCEED  TWO HUNDRED FIFTY DOLLARS PER DAY FOR ONGOING NON-COMPLIANCE
 AFTER THIRTY DAYS' NOTICE.
   5. (A) THE DIVISION SHALL MAINTAIN A PUBLICLY AVAILABLE ONLINE  REGIS-
 TRY OF CERTIFIED VENUES AND THEIR COMPLIANCE STATUS.
   (B) ANY PERSON MAY FILE A COMPLAINT UNDER THIS SECTION WITHOUT FEAR OF
 RETALIATION.  RETALIATION  SHALL  CONSTITUTE  AN UNLAWFUL DISCRIMINATORY
 PRACTICE UNDER ARTICLE FIFTEEN OF THIS CHAPTER.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. The division of human rights  shall  promul-
 gate  any  rules  and regulations necessary to implement this act within
 ninety days of its enactment.