Requires venues of public accommodation to maintain accessible parking in accordance with federal law; establishes penalties and enforcement mechanisms for the division of human rights and local governments.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9145A
SPONSOR: Lavine PURPOSE:
To ensure consistent compliance with federal accessibility standards for
parking at large public venues in New York State by requiring annual
certification, state oversight, and clear enforcement mechanisms.
SUMMARY OF PROVISIONS:
Section 1 sets forth legislative findings emphasizing the importance of
accessible parking for individuals with disabilities and the need for
consistent enforcement beyond existing federal requirements.
Section 2 adds a new § 170-j to the Executive Law to require: Defi-
nitions: Establishes "venue" as arenas, stadiums, convention centers, or
similar facilities with occupancy of 500 or more, and "accessible park-
ing" as defined under the 2010 ADA Standards for Accessible Design.
Requirements: Venues must maintain accessible parking in full compliance
with federal law, ensuring spaces are properly located, signed, striped,
unobstructed, and priced at no more than the lowest available rate.
Annual certification: Venues must file with the Division of Human Rights
(DHR) a yearly certification, including diagrams and attestation by a
licensed architect, engineer, or certified accessibility specialist.
Enforcement: DHR may investigate complaints, conduct random audits of at
least 5% of certified venues annually, and impose civil penalties (up to
$2,500 for a first offense, $5,000 for subsequent offenses within two
years). Municipalities have concurrent enforcement authority, including
fines up to $250 per day after 30 days' notice. Public registry: DHR
will maintain an online database of certified venues and compliance
status. Anti-retaliation: Protects complainants from retaliation, making
such conduct an unlawful discriminatory practice under Article 15.
Section 3 provides that the act takes effect 180 days after enactment,
with DHR authorized to promulgate rules within 90 days.
JUSTIFICATION:
Accessible parking is fundamental to ensuring that individuals with
disabilities have equitable access to public venues. While the Americans
with Disabilities Act (ADA) mandates such accommodations, enforcement
has proven inconsistent at large facilities, leaving many New Yorkers
without reliable access.
This bill strengthens compliance by creating a clear state-level over-
sight framework. By requiring annual certifications, independent profes-
sional attestations, and random audits, the legislation ensures that
large venues cannot ignore or delay compliance with federal accessibil-
ity standards. The bill also empowers municipalities to play a role in
enforcement, provides meaningful but reasonable penalties for non-com-
pliance, and offers protections against retaliation for individuals who
report violations.
By codifying these requirements, New York will set a strong standard for
accessibility, reduce barriers to participation in public life, and
reaffirm the state's commitment to equity and inclusion for all resi-
dents.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None for the State beyond modest administrative costs to the Division of
Human Rights to manage certifications and audits, which may be offset by
civil penalties.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
9145--A
2025-2026 Regular Sessions
IN ASSEMBLY
October 17, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to requiring venues of
public accommodation to maintain accessible parking in accordance with
federal law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature hereby finds and declares that accessible
2 parking is essential to ensuring equitable access to public accommo-
3 dations for individuals with disabilities. While federal law under the
4 Americans with Disabilities Act requires accessible parking, enforcement
5 at large venues has proven inconsistent. This legislation establishes
6 state oversight, annual certification, and a fair enforcement structure
7 to ensure consistent compliance without jeopardizing business licensure
8 unrelated to accessibility.
9 § 2. The executive law is amended by adding a new section 170-k to
10 read as follows:
11 § 170-k. Accessible parking compliance at public venues. 1. For
12 purposes of this section:
13 (a) "Venue" shall mean any arena, stadium, amphitheater, convention
14 center, or similar facility that:
15 (i) is located within the state of New York;
16 (ii) has a maximum occupancy of five hundred persons or more; and
17 (iii) hosts public performances, sporting events, concerts, exhibi-
18 tions, or other large public gatherings.
19 (b) "Accessible parking" shall mean off-street parking spaces and
20 related facilities that conform to the requirements of the 2010 Ameri-
21 cans with Disabilities Act Standards for Accessible Design including,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13508-03-6
A. 9145--A 2
1 but not limited to size, signage, surfacing, van accessibility, and
2 route to entrance.
3 2. (a) Every venue shall provide and maintain accessible parking
4 facilities in compliance with federal standards.
5 (b) Accessible spaces shall be located on the shortest accessible
6 route from parking to the principal entrance, be properly signed and
7 striped, and be free of obstructions.
8 (c) Accessible spaces shall be made available at the same price or
9 lowest rate offered for any parking on the same date.
10 3. (a) Each venue shall submit to the division of human rights an
11 annual certification of accessible parking compliance.
12 (b) Such certification shall include:
13 (i) a diagram of designated accessible parking spaces and routes;
14 (ii) a signed attestation by a licensed architect, engineer, or certi-
15 fied accessibility specialist that such spaces conform to federal stand-
16 ards; and
17 (iii) any changes made during the preceding year affecting the avail-
18 ability or configuration of accessible parking.
19 4. (a) The division of human rights shall investigate alleged
20 violations of this section and may conduct random audits of no less than
21 five percent of certified venues annually.
22 (b) Any venue found to be in violation shall be subject to a civil
23 penalty as follows:
24 (i) not more than two thousand five hundred dollars for a first
25 offense; and
26 (ii) not more than five thousand dollars for each subsequent offense
27 occurring within a two-year period.
28 (c) Municipalities shall have concurrent authority to inspect venues
29 within their jurisdiction and issue corrective orders or civil fines not
30 to exceed two hundred fifty dollars per day for ongoing non-compliance
31 after thirty days' notice.
32 5. (a) The division shall maintain a publicly available online regis-
33 try of certified venues and their compliance status.
34 (b) Any person may file a complaint under this section without fear of
35 retaliation. Retaliation shall constitute an unlawful discriminatory
36 practice under article fifteen of this chapter.
37 § 3. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. The division of human rights shall promul-
39 gate any rules and regulations necessary to implement this act within
40 ninety days of its enactment.
