Section 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.
    * NB Effective until June 30, 2013