2023 New York Laws › GBS - General Business › Article 40 - Peer-to-Peer Car Sharing Programs › 912 - Discrimination in Peer-to-Peer Car Sharing Prohibited.

§  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.