BILL NUMBER: S3559
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to enacting the towing protection enforcement act
 
PURPOSE OR GENERAL IDEA OF BILL:
To update the New York City laws that regulate the towing of vehicles,
including adding provisions thereto to prevent predatory towing of vehi-
cles within the City of New York
 
SUMMARY OF SPECIFIC PROVISIONS:
Section One of the bill:
Names this act as the "Towing Protection Enforcement Act"
Section Two of the bill:
*Imposes a criminal penalty for any tow truck operator who knowingly and
willfully violates certain sections of the Administrative Code relating
to the towing of a vehicle from private property.
*Increases the penalty if there is a second violation within a 24 month
time period.
Section two of the bill:
*Increases bonding requirements to $25,000 and $250,000.
*Requires any licensee who is currently paying into the fund and who is
found in violation of §§ 19-169.1 or the. Administrative Code ("Code")
to furnish a bond in an amount determined by the commissioner.
*Authorizes the commissioner to develop criteria for determining the
appropriate amount of cash contribution into the fund (the current
amount is $200).
Section three authorizes the commissioner to refuse the renew, suspend
or revoke a license of any operator who within a one year period,
receives five or more complaints for failing to obtain the consent of
the property owner before towing, or soliciting or offering inducements.
Section four requires the commissioner to refuse to renew, suspend or
revoke the license of any operator who within a one-year period commit-
ted two or more violations of soliciting or offering inducements at or
near the scene of the towing.
Section five prohibits an operator from using spotters or spotting tech-
niques, or from towing an improperly parked vehicle from private proper-
ty without the written consent of the owner or manager of the property,
as required in § 19.169.1 of the Code.
Section six amends 5 20-515 to include soliciting or offering inducement
at or near the scene of the towing of any improperly parked vehicle on
private property pursuant to.
Section seven requires the tow advisory board to conduct hearings in
each New York City borough on the problem of predatory towing and, in
consultation with the interagency advisory council, to make recommenda-
tions on how to combat this problem, including how to improve enforce-
ment of the current towing laws.
Section eight sets forth a severability clause.
Section nine provides that this act shall take effect immediately.
 
JUSTIFICATION:
In 2014, the Legal Aid Society, the New York City Department of Consumer
Affairs, and Assembly member Ron Kim worked together to prevent illegal
and predatory towing that resulted in over $30 million in fines and
restitution for consumers. In May of 2016, NBC New York's Investigative
Team reported more predatory towing in New York City that has left more
consumers feeling exploited without any recourse.
The current City laws protecting consumers against illegal towing has
not been updated since 1989. The new legislation will not only update
the law but also strengthen the ability of New York City Department of
Consumer Affairs to enforce against predatory towing.
 
PRIOR LEGISLATIVE HISTORY:
2022 REFERRED TO SENATE CITIES 1
2022 referred to assembly cities
2021 SENATE THIRD READING
2021 referred to assembly cities
2020 REFERRED TO SENATE CITIES
2019-20 referred to assembly cities
 
FISCAL IMPLICATIONS:
Minimal. Any costs associated with the conducting of hearings by the tow
advisory board.
 
EFFECTIVE DATE:
This act shall take effect immediately.