N.Y. General Business Law § 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.