NY Gen Bus L § 399-V (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 399-V - Parking Facilities; Towing of Vehicles, Posting of Notices.

§ 399-v. Parking facilities; towing of vehicles, posting of notices.   1.  For  purposes  of this section, the following terms shall have the following meanings:  (a) "commercial tower"  shall  mean  any  person,  firm,  partnership, corporation or association that engages in commercial towing, as defined in  section  one hundred seven-b of the vehicle and traffic law, whether by contract or other agreement;  (b) "owner" shall mean the owner or lessee of a parking facility or an agent of such owner or lessee, provided that such term shall not include a commercial tower acting as an agent of such owner or lessee; and  (c) "parking facility" shall mean parking facilities having a  parking capacity  of  five  or  more motor vehicles not owned or operated by the state, a municipality or public authority.   2. Every parking facility  shall  display  prominently  a  conspicuous notice stating the name, address and telephone number of the operator of the  parking  facility  together  with  the  name, address and telephone number of any individual or entity authorized to tow from  such  parking facility  any motor vehicle or the name, address and telephone number of any individual or entity  authorized  to  place  a  device  designed  to immobilize any motor vehicle in such parking facility. Such notice shall also  state  that  unauthorized  vehicles  will  be towed at the vehicle owner's expense.   3. No owner or operator of a parking facility shall tow  or  authorize the  towing  of  any  motor  vehicle  or  immobilize  or  authorize  the immobilization of any motor vehicle in such parking facility unless such owner or operator displays a notice pursuant to subdivision two of  this section.   4.  No owner or operator of a parking facility shall solicit, receive, accept or agree to receive or accept any payment,  commission  or  other consideration  from  a  commercial  tower  for the towing and storing of vehicles removed from such owner's or operator's parking facility.   4-a. (a) Whenever there shall be  a  violation  of  this  section,  an application  may  be  made  by  the  attorney general in the name of the people  of  the  state  of  New  York  to  a  court  or  justice  having jurisdiction to issue an injunction, and upon notice to the defendant of not  less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the  court  or justice  that  the  defendant  has,  in  fact, violated this section, an injunction may be  issued  by  such  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 as provided in paragraph six of subdivision  (a)  of  section  eighty-three hundred   three  of  the  civil  practice  law  and  rules,  and  direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of  not  less than  fifty dollars and not more than one thousand dollars for each such violation.  In  connection  with  any  such  proposed  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.  (b) The provisions of this section may be enforced concurrently by the town attorney, city corporation counsel, or other lawful designee  of  a municipality  or  local  government, and all moneys collected thereunder shall be retained by such municipality or local government.   5. The provisions of this section shall not apply to cities  having  a population of one million or more.    6.  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  one  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  dollars,  if  the  court  finds  the  defendant  willfully  or knowingly   violated  this  section.  The  court  may  award  reasonable attorney's fees to a prevailing plaintiff.   7. This section shall not annul, alter, affect or exempt any owner  or operator  subject  to the provisions of this section from complying with the laws, ordinances, rules or regulations of any locality  relating  to the  posting  of  parking  facility  notices  and/or the towing of motor vehicles from parking facilities, except to the extent that these  laws, ordinances,  rules or regulations are inconsistent with any provision of this section, but no such local law, ordinance, rule or regulation shall be considered inconsistent if  it  affords  greater  protection  to  the consumer  including  but not limited to local laws, rules or regulations that:  (i) regulate the reasonable amount that a commercial tower may  charge for the towing and storage of a vehicle removed from a parking facility;  (ii)  require  written  contracts  between  an  owner and a commercial tower, which contracts may  also  be  required  to  be  filed  with  the political subdivision;  (iii)  require  the  owner  to be physically present when a vehicle is towed from a parking facility; or  (iv) regulate the hours when a commercial tower must be  available  to release a vehicle that is towed from a parking facility.