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A09145 Summary:

BILL NOA09145
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSR
 
MLTSPNSR
 
Add §170-j, Exec L
 
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.
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A09145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9145
 
                               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
 
        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-j to
    10  read as follows:
    11    § 170-j. 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,
    22  but not limited to size,  signage,  surfacing,  van  accessibility,  and
    23  route to entrance.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13508-01-5

        A. 9145                             2
 
     1    2.  (a)  Every  venue  shall  provide  and maintain accessible parking
     2  facilities in compliance with federal standards.
     3    (b)  Accessible  spaces  shall  be  located on the shortest accessible
     4  route from parking to the principal entrance,  be  properly  signed  and
     5  striped, and be free of obstructions.
     6    (c)  Accessible  spaces  shall  be made available at the same price or
     7  lowest rate offered for any parking on the same date.
     8    3. (a) Each venue shall submit to the  division  of  human  rights  an
     9  annual certification of accessible parking compliance.
    10    (b) Such certification shall include:
    11    (i) a diagram of designated accessible parking spaces and routes;
    12    (ii) a signed attestation by a licensed architect, engineer, or certi-
    13  fied accessibility specialist that such spaces conform to federal stand-
    14  ards; and
    15    (iii)  any changes made during the preceding year affecting the avail-
    16  ability or configuration of accessible parking.
    17    4.  (a)  The  division  of  human  rights  shall  investigate  alleged
    18  violations of this section and may conduct random audits of no less than
    19  five percent of certified venues annually.
    20    (b)  Any  venue  found  to be in violation shall be subject to a civil
    21  penalty as follows:
    22    (i) not more than two  thousand  five  hundred  dollars  for  a  first
    23  offense; and
    24    (ii)  not  more than five thousand dollars for each subsequent offense
    25  occurring within a two-year period.
    26    (c) Municipalities shall have concurrent authority to  inspect  venues
    27  within their jurisdiction and issue corrective orders or civil fines not
    28  to  exceed  two hundred fifty dollars per day for ongoing non-compliance
    29  after thirty days' notice.
    30    5. (a) The division shall maintain a publicly available online  regis-
    31  try of certified venues and their compliance status.
    32    (b) Any person may file a complaint under this section without fear of
    33  retaliation.  Retaliation  shall  constitute  an unlawful discriminatory
    34  practice under article fifteen of this chapter.
    35    § 3. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law. The division of human rights  shall  promul-
    37  gate  any  rules  and regulations necessary to implement this act within
    38  ninety days of its enactment.
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