(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.
Structure New York Laws
Article 40 - Peer-to-Peer Car Sharing Programs
901 - Requirements for Doing Business.
903 - Lien Implications; Notification.
906 - Driver's Verification; Data Retention.
907 - Data Privacy Protections.
908 - Responsibility for Equipment.
910 - Discrimination Based on Age Prohibited.
911 - Discrimination on the Basis of Credit Card Ownership Prohibited.
912 - Discrimination in Peer-to-Peer Car Sharing Prohibited.
913 - Optional Vehicle Protection; Requirements.
914 - Geographical Discrimination Prohibited.
915 - Global Positioning Systems.