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A09145 Summary:

BILL NOA09145A
 
SAME ASSAME AS S08898
 
SPONSORLavine
 
COSPNSR
 
MLTSPNSR
 
Add §170-k, 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--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.
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