S T A T E   O F   N E W   Y O R K
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                                   1782
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by M. of A. KAVANAGH, CYMBROWITZ, DINOWITZ, FARRELL, JAFFEE,
   ROSENTHAL, WEPRIN -- Multi-Sponsored by --  M.  of  A.  COLTON,  COOK,
   GALEF,  GLICK,  GOTTFRIED,  HIKIND,  O'DONNELL, ORTIZ, PEOPLES-STOKES,
   RIVERA -- 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-u to read as follows:
   §  391-U.  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.
              

                                                            LBD02730-01-7

 A. 1782                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.