2019 New York Laws
GBS - General Business
Article 26 - Miscellaneous
398-B - Discrimination in Car Rentals Prohibited.

§  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.