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This entry was published on 2018-07-06
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SECTION 398-B
Discrimination in car rentals prohibited
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 398-b. Discrimination in car rentals prohibited. 1. No car or
vehicle rental agency shall refuse to rent a car or vehicle to any
person otherwise qualified because of race, color, ethnic origin,
religion, disability, or sex.

2. Any rental vehicle company found by a court of competent
jurisdiction to have violated a provision of this section shall be
subject to a penalty of not less than one thousand dollars nor more than
twenty-five hundred dollars for each violation.

3. (a) Whenever a rental vehicle company engages in a persistent or
repeated business activity or conduct which discriminates against any
individual based upon the individual's race, color, ethnic origin,
religion, disability, or sex or membership in an otherwise protected
class pursuant to federal law, the attorney general may apply, in the
name of the people of the state of New York, to the supreme court of the
state of New York, on five days notice, for an order enjoining the
continuance of such business activity and directing restitution and
damages. In any such proceeding, the attorney general may seek a civil
penalty not to exceed five thousand dollars per violation and may
recover costs pursuant to paragraph six of subdivision (a) of section
eighty-three hundred three of the civil practice law and rules.

(b) The term "persistent" as used in this subdivision shall include
continuance or carrying on of any such business activity or conduct. The
term "repeated" as used in this subdivision shall include repetition of
any separate and distinct business activity or conduct which affect more
than one person. The term "business activity" as used in this
subdivision shall include policies and/or standard practices of the
rental vehicle company.

(c) In connection with any such application, the attorney general is
authorized to take proof and make a determination of the relevant facts
and to issue subpoenas in accordance with the civil practice law and
rules. Such authorization shall not abate or terminate by reason of any
action or proceeding brought by the attorney general under this section.