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.
Terms Used In N.Y. General Business Law 912
- administrator: shall mean the corporation, partnership, firm, institution, sole proprietorship or other entity or person that is responsible for operating, facilitating or administering the means, digital or otherwise, by which a business platform facilitates a peer-to-peer car sharing program for financial consideration, but shall not include a person or entity engaged in the business of renting or leasing rental vehicles to be operated upon the public highways for carrying passengers or non-profit or charitable organizations that facilitate peer-to-peer car sharing in exchange for payment of a fee or for financial consideration. See N.Y. General Business Law 900
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Peer-to-peer car sharing: shall mean the authorized use of a shared vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See N.Y. General Business Law 900
- program: means a program that facilitates the use or operation of a shared vehicle by a shared vehicle driver. See N.Y. General Business Law 900
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Shared vehicle: means a motor vehicle that is available for sharing through a peer-to-peer car sharing program that is both:
(a) used nonexclusively for peer-to-peer car sharing activity pursuant to a peer-to-peer car sharing program agreement; and
(b) not otherwise made available by the shared vehicle owner for use as a rental vehicle as defined in § 137-a of the vehicle and traffic law. See N.Y. General Business Law 900
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 § 8303 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 § 123-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 15 of the executive law.