Legislation
SECTION 912
Discrimination in peer-to-peer car sharing prohibited
General Business (GBS) CHAPTER 20, ARTICLE 40
§ 912. Discrimination in peer-to-peer car sharing prohibited. 1. No
corporation, partnership, firm, institution, sole proprietorship or
other entity or person engaged in the business of peer-to-peer car
sharing shall refuse to make a shared vehicle available to any person
otherwise qualified because of race, color, ethnic origin, religion,
disability, or sex.
2. Any person, firm, partnership, association or corporation engaged
in peer-to-peer car sharing 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 nor more than twenty-five hundred
dollars for each violation.
3. (a) If a peer-to-peer car sharing program administrator shall
engage in a persistent or repeated business activity or conduct which
discriminates against any individual based on such individual's race,
color, ethnic origin, religion, disability, residence or geographic
location, income, sexual orientation, genetic predisposition or sex or
membership in an otherwise protected class pursuant to state or 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
the continuance or carrying on of any such business activity or conduct.
(c) The term "repeated" as used in this subdivision shall include
repetition of any separate and distinct business activity or conduct
which shall affect more than one person.
(d) The term "business activity" as used in this subdivision shall
include policies and/or standard practices of the peer-to-peer car
sharing program administrator.
(e) In connection with any such application, the attorney general is
authorized to take proof, make a determination of the relevant facts and
to issue subpoenas in accordance with the civil practice law and rules.
If the attorney general shall bring an action or proceeding under this
section, such authorization shall not terminate due to such action or
proceeding being brought.
(f) (i) A peer-to-peer car sharing program administrator shall
implement a zero-tolerance policy regarding a shared vehicle driver's or
shared vehicle owner's activities while accessing the peer-to-peer car
sharing program's digital network.
(ii) A peer-to-peer car sharing program shall adopt a policy of
non-discrimination on the basis of residence or geographic location,
race, color, national origin, religious belief, practice or affiliation,
sex, disability, age, sexual orientation, or genetic predisposition with
respect to shared vehicle owners and shared vehicle drivers, and notify
peer-to-peer car sharing program shared vehicle owners and shared
vehicle drivers of such policy.
(iii) Peer-to-peer car sharing program shared vehicle owners and
shared vehicle drivers shall comply with all applicable laws regarding
non-discrimination against shared vehicle drivers or potential shared
vehicle drivers on the basis of destination, race, color, national
origin, religious belief, practice or affiliation, sex, disability, age,
sexual orientation, or genetic predisposition with respect to shared
vehicle owners and shared vehicle drivers and notify shared vehicle
drivers and shared vehicle owners of such policy.
(iv) Peer-to-peer car sharing program administrators shall inform
shared vehicle owners of their obligation to comply with all applicable
laws relating to accommodation of service animals.
(v) A peer-to-peer car sharing program administrator shall implement
and maintain a policy and an oversight process of providing
accessibility to shared vehicle drivers with a disability and
accommodation of service animals as such term is defined in section one
hundred twenty-three-b of the agriculture and markets law. A
peer-to-peer car sharing program administrator shall not impose
additional charges for providing services to persons with physical
disabilities because of those disabilities.
(vi) The New York state division of human rights shall be authorized
to accept, review and investigate any potential or actual violations
with respect to compliance with nondiscrimination laws and accessibility
laws in a form and manner consistent with authority under article
fifteen of the executive law.
corporation, partnership, firm, institution, sole proprietorship or
other entity or person engaged in the business of peer-to-peer car
sharing shall refuse to make a shared vehicle available to any person
otherwise qualified because of race, color, ethnic origin, religion,
disability, or sex.
2. Any person, firm, partnership, association or corporation engaged
in peer-to-peer car sharing 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 nor more than twenty-five hundred
dollars for each violation.
3. (a) If a peer-to-peer car sharing program administrator shall
engage in a persistent or repeated business activity or conduct which
discriminates against any individual based on such individual's race,
color, ethnic origin, religion, disability, residence or geographic
location, income, sexual orientation, genetic predisposition or sex or
membership in an otherwise protected class pursuant to state or 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
the continuance or carrying on of any such business activity or conduct.
(c) The term "repeated" as used in this subdivision shall include
repetition of any separate and distinct business activity or conduct
which shall affect more than one person.
(d) The term "business activity" as used in this subdivision shall
include policies and/or standard practices of the peer-to-peer car
sharing program administrator.
(e) In connection with any such application, the attorney general is
authorized to take proof, make a determination of the relevant facts and
to issue subpoenas in accordance with the civil practice law and rules.
If the attorney general shall bring an action or proceeding under this
section, such authorization shall not terminate due to such action or
proceeding being brought.
(f) (i) A peer-to-peer car sharing program administrator shall
implement a zero-tolerance policy regarding a shared vehicle driver's or
shared vehicle owner's activities while accessing the peer-to-peer car
sharing program's digital network.
(ii) A peer-to-peer car sharing program shall adopt a policy of
non-discrimination on the basis of residence or geographic location,
race, color, national origin, religious belief, practice or affiliation,
sex, disability, age, sexual orientation, or genetic predisposition with
respect to shared vehicle owners and shared vehicle drivers, and notify
peer-to-peer car sharing program shared vehicle owners and shared
vehicle drivers of such policy.
(iii) Peer-to-peer car sharing program shared vehicle owners and
shared vehicle drivers shall comply with all applicable laws regarding
non-discrimination against shared vehicle drivers or potential shared
vehicle drivers on the basis of destination, race, color, national
origin, religious belief, practice or affiliation, sex, disability, age,
sexual orientation, or genetic predisposition with respect to shared
vehicle owners and shared vehicle drivers and notify shared vehicle
drivers and shared vehicle owners of such policy.
(iv) Peer-to-peer car sharing program administrators shall inform
shared vehicle owners of their obligation to comply with all applicable
laws relating to accommodation of service animals.
(v) A peer-to-peer car sharing program administrator shall implement
and maintain a policy and an oversight process of providing
accessibility to shared vehicle drivers with a disability and
accommodation of service animals as such term is defined in section one
hundred twenty-three-b of the agriculture and markets law. A
peer-to-peer car sharing program administrator shall not impose
additional charges for providing services to persons with physical
disabilities because of those disabilities.
(vi) The New York state division of human rights shall be authorized
to accept, review and investigate any potential or actual violations
with respect to compliance with nondiscrimination laws and accessibility
laws in a form and manner consistent with authority under article
fifteen of the executive law.