S T A T E   O F   N E W   Y O R K
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                                  5811

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M. of A. KAVANAGH, CLARK, CYMBROWITZ, DINOWITZ, FARRELL,
  JAFFEE, ROSENTHAL, WEPRIN -- Multi-Sponsored by -- M. of  A.  BRENNAN,
  COLTON,  COOK,  GALEF,  GLICK,  GOTTFRIED,  HIKIND,  O'DONNELL, ORTIZ,
  PEOPLES-STOKES, RIVERA, ROBINSON -- 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-t to read as follows:
  S  391-T.  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.
                                                           LBD04493-01-5
              

A. 5811                             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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.