N.Y. General Business Law Section 399-V
Parking facilities

  • towing of vehicles, posting of notices

1.

For purposes of this section, the following terms shall have the following meanings:

(a)

“commercial tower” shall mean any person, firm, partnership, corporation or association that engages in commercial towing, as defined in Vehicle & Traffic Law § 107-B (Commercial towing)section one hundred seven-b of the vehicle and traffic law, whether by contract or other agreement;

(b)

“owner” shall mean the owner or lessee of a parking facility or an agent of such owner or lessee, provided that such term shall not include a commercial tower acting as an agent of such owner or lessee; and

(c)

“parking facility” shall mean parking facilities having a parking capacity of five or more motor vehicles not owned or operated by the state, a municipality or public authority.

2.

Every parking facility shall display prominently a conspicuous notice stating the name, address and telephone number of the operator of the parking facility together with the name, address and telephone number of any individual or entity authorized to tow from such parking facility any motor vehicle or the name, address and telephone number of any individual or entity authorized to place a device designed to immobilize any motor vehicle in such parking facility. Such notice shall also state that unauthorized vehicles will be towed at the vehicle owner’s expense.

3.

No owner or operator of a parking facility shall tow or authorize the towing of any motor vehicle or immobilize or authorize the immobilization of any motor vehicle in such parking facility unless such owner or operator displays a notice pursuant to subdivision two of this section.

4.

No owner or operator of a parking facility shall solicit, receive, accept or agree to receive or accept any payment, commission or other consideration from a commercial tower for the towing and storing of vehicles removed from such owner’s or operator’s parking facility. 4-a.

(a)

Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of Civil Practice Law & Rules Law § 8303 (Additional allowance in the discretion of the court)section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not less than fifty dollars and not more than one thousand dollars for each such violation. In connection with any such proposed 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.

(b)

The provisions of this section may be enforced concurrently by the town attorney, city corporation counsel, or other lawful designee of a municipality or local government, and all moneys collected thereunder shall be retained by such municipality or local government.

5.

The provisions of this section shall not apply to cities having a population of one million or more.

6.

Any person who has been injured by reason of any violation of this section may bring an action in his or her own name to enjoin such unlawful act or practice, an action to recover his or her actual damages or one hundred fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney’s fees to a prevailing plaintiff.

7.

This section shall not annul, alter, affect or exempt any owner or operator subject to the provisions of this section from complying with the laws, ordinances, rules or regulations of any locality relating to the posting of parking facility notices and/or the towing of motor vehicles from parking facilities, except to the extent that these laws, ordinances, rules or regulations are inconsistent with any provision of this section, but no such local law, ordinance, rule or regulation shall be considered inconsistent if it affords greater protection to the consumer including but not limited to local laws, rules or regulations that:

(i)

regulate the reasonable amount that a commercial tower may charge for the towing and storage of a vehicle removed from a parking facility;

(ii)

require written contracts between an owner and a commercial tower, which contracts may also be required to be filed with the political subdivision;

(iii)

require the owner to be physically present when a vehicle is towed from a parking facility; or

(iv)

regulate the hours when a commercial tower must be available to release a vehicle that is towed from a parking facility.

Source: Section 399-V — Parking facilities; towing of vehicles, posting of notices, https://www.­nysenate.­gov/legislation/laws/GBS/399-V (updated Sep. 22, 2014; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 399-V’s source at nysenate​.gov

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