N.Y. GBS Law § 912 — New York Code / Act GBS / Article 40 / Section 912
Discrimination in peer-to-peer car sharing prohibited
Status: in_force

§ 912. Discrimination in peer-to-peer car sharing prohibited. 1. No\ncorporation, partnership, firm, institution, sole proprietorship or\nother entity or person engaged in the business of peer-to-peer car\nsharing shall refuse to make a shared vehicle available to any person\notherwise qualified because of race, color, ethnic origin, religion,\ndisability, or sex.\n  2. Any person, firm, partnership, association or corporation engaged\nin peer-to-peer car sharing found by a court of competent jurisdiction\nto have violated a provision of this section shall be subject to a\npenalty of not less than one thousand nor more than twenty-five hundred\ndollars for each violation.\n  3. (a) If a peer-to-peer car sharing program administrator shall\nengage in a persistent or repeated business activity or conduct which\ndiscriminates against any individual based on such individual's race,\ncolor, ethnic origin, religion, disability, residence or geographic\nlocation, income, sexual orientation, genetic predisposition or sex or\nmembership in an otherwise protected class pursuant to state or federal\nlaw, the attorney general may apply, in the name of the people of the\nstate of New York, to the supreme court of the state of New York, on\nfive days' notice, for an order enjoining the continuance of such\nbusiness activity and directing restitution and damages. In any such\nproceeding, the attorney general may seek a civil penalty not to exceed\nfive thousand dollars per violation and may recover costs pursuant to\nparagraph six of subdivision (a) of section eighty-three hundred three\nof the civil practice law and rules.\n  (b) The term "persistent" as used in this subdivision shall include\nthe continuance or carrying on of any such business activity or conduct.\n  (c) The term "repeated" as used in this subdivision shall include\nrepetition of any separate and distinct business activity or conduct\nwhich shall affect more than one person.\n  (d) The term "business activity" as used in this subdivision shall\ninclude policies and/or standard practices of the peer-to-peer car\nsharing program administrator.\n  (e) In connection with any such application, the attorney general is\nauthorized to take proof, make a determination of the relevant facts and\nto issue subpoenas in accordance with the civil practice law and rules.\nIf the attorney general shall bring an action or proceeding under this\nsection, such authorization shall not terminate due to such action or\nproceeding being brought.\n  (f) (i) A peer-to-peer car sharing program administrator shall\nimplement a zero-tolerance policy regarding a shared vehicle driver's or\nshared vehicle owner's activities while accessing the peer-to-peer car\nsharing program's digital network.\n  (ii) A peer-to-peer car sharing program shall adopt a policy of\nnon-discrimination on the basis of residence or geographic location,\nrace, color, national origin, religious belief, practice or affiliation,\nsex, disability, age, sexual orientation, or genetic predisposition with\nrespect to shared vehicle owners and shared vehicle drivers, and notify\npeer-to-peer car sharing program shared vehicle owners and shared\nvehicle drivers of such policy.\n  (iii) Peer-to-peer car sharing program shared vehicle owners and\nshared vehicle drivers shall comply with all applicable laws regarding\nnon-discrimination against shared vehicle drivers or potential shared\nvehicle drivers on the basis of destination, race, color, national\norigin, religious belief, practice or affiliation, sex, disability, age,\nsexual orientation, or genetic predisposition with respect to shared\nvehicle owners and shared vehicle drivers and notify shared vehicle\ndrivers and shared vehicle owners of such policy.\n  (iv) Peer-to-peer car sharing program administrators shall inform\nshared vehicle owners of their obligation to comply with all applicable\nlaws relating to accommodation of service animals.\n  (v) A peer-to-peer car sharing program administrator shall implement\nand maintain a policy and an oversight process of providing\naccessibility to shared vehicle drivers with a disability and\naccommodation of service animals as such term is defined in section one\nhundred twenty-three-b of the agriculture and markets law. A\npeer-to-peer car sharing program administrator shall not impose\nadditional charges for providing services to persons with physical\ndisabilities because of those disabilities.\n  (vi) The New York state division of human rights shall be authorized\nto accept, review and investigate any potential or actual violations\nwith respect to compliance with nondiscrimination laws and accessibility\nlaws in a form and manner consistent with authority under article\nfifteen of the executive law.\n