Senate Bill S2329

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2329
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   review of all motor vehicle  repair  shop  applicants  which  includes
   community input

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 398-c of the vehicle and traffic law is amended by
 adding a new subdivision 2-a to read as follows:
   2-A. ADDITIONAL REQUIREMENTS FOR TRANSFERS AND RENEWALS.  THE  COMMIS-
 SIONER  SHALL  CONSIDER  THE FOLLOWING FACTORS IN DETERMINING WHETHER TO
 APPROVE AN APPLICANT'S TRANSFER OR RENEWAL OF A CERTIFICATE OF REGISTRA-
 TION FOR THE OPERATION OF A MOTOR VEHICLE REPAIR SHOP IN THE CITY OF NEW
 YORK, IN ADDITION TO SUCH OTHER  FACTORS  THEY  DEEM  MATERIAL  TO  SUCH
 RENEWAL:
   (I)  ANY  HISTORY  OF  VIOLATIONS  OF THIS ARTICLE, HISTORY OF PARKING
 VIOLATIONS, OR PARKING-RELATED BUILDING CODE VIOLATIONS;
   (II) COMPLAINTS FROM THE COMMUNITY BOARD OR BOARDS ESTABLISHED  PURSU-
 ANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
 JURISDICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED;
   (III) PROOF OF NOTIFICATION TO  SUCH  COMMUNITY  BOARD  OR  BOARDS  AS
 REQUIRED UNDER SECTION THREE HUNDRED NINETY-EIGHT-J OF THIS ARTICLE;
   (IV)  OPINIONS FOR OR AGAINST THE APPROVAL OF SUCH TRANSFER OR RENEWAL
 PROVIDED BY THE RELEVANT COMMUNITY  BOARD  WITHIN  THIRTY-FIVE  DAYS  OF
 RECEIVING  NOTICE  PURSUANT  TO  SECTION THREE HUNDRED NINETY-EIGHT-J OF
 THIS ARTICLE;
   (V) THE EFFECT OF THE APPLICANT ON VEHICULAR TRAFFIC  AND  PARKING  IN
 PROXIMITY TO THE LOCATION OF THE REPAIR SHOP; AND
   (VI)  ANY  OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELE-
 VANT TO DETERMINE THE  PUBLIC  CONVENIENCE  AND  ADVANTAGE,  AND  PUBLIC
 INTEREST OF THE COMMUNITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01420-01-5
              

 S. 2329                             2
 
   § 2. Paragraphs (k), (l) and the closing paragraph of subdivision 1 of
 section  398-e  of the vehicle and traffic law, paragraph (k) as amended
 and paragraph (l) as added by chapter 527 of the laws of 2021, the clos-
 ing paragraph as amended by chapter 634 of the laws of 1980, are amended
 and a new paragraph (m) is added to read as follows:
   (k)  has  engaged in a course of conduct which unreasonably impedes or
 delays a consumer's right to a fair recovery pursuant to the  provisions
 of  an  automobile  insurance  policy,  the insurance law or regulations
 issued by the superintendent of financial services governing the  evalu-
 ation and adjustments of claims; [or]
   (l)  has  wilfully  violated  paragraph (b) of subdivision thirty-one,
 subdivision thirty-one-a or subdivision thirty-one-b  of  section  three
 hundred seventy-five of this [chapter.] TITLE; OR
   (M)  HAS ENGAGED IN A COURSE OF CONDUCT THAT INCLUDES MULTIPLE PARKING
 VIOLATIONS OR FAILED TO CURE TWO OR MORE PARKING-RELATED CODE VIOLATIONS
 IN THE CITY OF NEW YORK.
   For the purposes of paragraphs (g), (h), (i), (j) [and] , (k) AND  (M)
 of  this  subdivision,  it  shall  be  presumed  that the actions of any
 employee of a motor vehicle repair shop shall be  attributable  to,  and
 deemed to be the actions of, such motor vehicle repair shop.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 398-j to read as follows:
   § 398-J. NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS  THAN  FORTY-FIVE
 DAYS BEFORE FILING FOR AN APPLICATION TO TRANSFER OR RENEW A CERTIFICATE
 OF  REGISTRATION  FOR  A  REPAIR SHOP THAT IS LOCATED IN THE CITY OF NEW
 YORK, AN APPLICANT SHALL NOTIFY SUCH CITY OF THEIR INTENT TO  FILE  SUCH
 AN APPLICATION WITH CERTIFIED MAIL OR ELECTRONIC MAIL.
   2.  SUCH NOTIFICATION SHALL BE MADE TO THE COMMUNITY BOARD ESTABLISHED
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW  YORK  CITY  CHARTER
 WITH JURISDICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED.
   3.  THE COMMISSIONER SHALL REQUIRE SUCH NOTIFICATION TO BE ON A STAND-
 ARDIZED FORM THAT CAN BE OBTAINED FROM ITS WEBSITE OR FROM  THE  DEPART-
 MENT AND SUCH NOTIFICATION SHALL INCLUDE:
   (A)  THE  TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE MOTOR
 VEHICLE REPAIR SHOP;
   (B) THE FULL NAME OF THE APPLICANT;
   (C) THE STREET ADDRESS OF THE MOTOR VEHICLE REPAIR SHOP, INCLUDING THE
 FLOOR LOCATION OR ROOM NUMBER, IF APPLICABLE;
   (D) THE MAILING ADDRESS OF THE MOTOR VEHICLE REPAIR SHOP, IF DIFFERENT
 THAN THE STREET ADDRESS;
   (E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY  OR  REPRE-
 SENTATIVE OF THE APPLICANT, IF ANY;
   (F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
   (I) A TRANSFER OF AN EXISTING LICENSED BUSINESS; OR
   (II) A RENEWAL OF AN EXISTING CERTIFICATE OF REGISTRATION;
   (G)  IF  THE  MOTOR  VEHICLE  REPAIR  SHOP IS A TRANSFER OR PREVIOUSLY
 REGISTERED MOTOR VEHICLE REPAIR SHOP, THE NAME OF THE OLD MOTOR  VEHICLE
 REPAIR  SHOP  AND A COPY OF SUCH MOTOR VEHICLE REPAIR SHOP'S CERTIFICATE
 OF REGISTRATION NUMBER;
   (H) IN THE CASE OF A RENEWAL, A COPY OF THE CERTIFICATE  OF  REGISTRA-
 TION OF THE APPLICANT; AND
   (I)  A REQUEST THAT SUCH COMMUNITY BOARD PROVIDE A WRITTEN OPINION FOR
 OR AGAINST APPROVAL OF SUCH TRANSFER OR RENEWAL, AND ADVISE THE COMMUNI-
 TY BOARD THAT SUCH  OPINION  IS  REQUIRED  WITHIN  THIRTY-FIVE  DAYS  OF
 RECEIVING NOTICE FROM SUCH REPAIR SHOP.
 S. 2329                             3
 
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.