N.Y. General Business Law § 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.