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S08898 Summary:

BILL NOS08898
 
SAME ASNo Same As
 
SPONSORADDABBO
 
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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S08898 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8898
 
                    IN SENATE
 
                                    January 13, 2026
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        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,
    22  but  not  limited  to  size,  signage, surfacing, van accessibility, and
    23  route to entrance.
    24    2. (a) Every venue  shall  provide  and  maintain  accessible  parking
    25  facilities in compliance with federal standards.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13508-02-6

        S. 8898                             2
 
     1    (b)  Accessible  spaces  shall  be  located on the shortest accessible
     2  route from parking to the principal entrance,  be  properly  signed  and
     3  striped, and be free of obstructions.
     4    (c)  Accessible  spaces  shall  be made available at the same price or
     5  lowest rate offered for any parking on the same date.
     6    3. (a) Each venue shall submit to the  division  of  human  rights  an
     7  annual certification of accessible parking compliance.
     8    (b) Such certification shall include:
     9    (i) a diagram of designated accessible parking spaces and routes;
    10    (ii) a signed attestation by a licensed architect, engineer, or certi-
    11  fied accessibility specialist that such spaces conform to federal stand-
    12  ards; and
    13    (iii)  any changes made during the preceding year affecting the avail-
    14  ability or configuration of accessible parking.
    15    4.  (a)  The  division  of  human  rights  shall  investigate  alleged
    16  violations of this section and may conduct random audits of no less than
    17  five percent of certified venues annually.
    18    (b)  Any  venue  found  to be in violation shall be subject to a civil
    19  penalty as follows:
    20    (i) not more than two  thousand  five  hundred  dollars  for  a  first
    21  offense; and
    22    (ii)  not  more than five thousand dollars for each subsequent offense
    23  occurring within a two-year period.
    24    (c) Municipalities shall have concurrent authority to  inspect  venues
    25  within their jurisdiction and issue corrective orders or civil fines not
    26  to  exceed  two hundred fifty dollars per day for ongoing non-compliance
    27  after thirty days' notice.
    28    5. (a) The division shall maintain a publicly available online  regis-
    29  try of certified venues and their compliance status.
    30    (b) Any person may file a complaint under this section without fear of
    31  retaliation.  Retaliation  shall  constitute  an unlawful discriminatory
    32  practice under article fifteen of this chapter.
    33    § 3. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law. The division of human rights  shall  promul-
    35  gate  any  rules  and regulations necessary to implement this act within
    36  ninety days of its enactment.
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