BILL NUMBER: S8898
SPONSOR: ADDABBO
TITLE OF BILL:
An act to amend the executive law, in relation to requiring venues of
public accommodation to maintain accessible parking in accordance with
federal law
PURPOSE:
To ensure consistent compliance with federal accessibility standards for
parking at large public venues in New York State by requiring annual
certification, state oversight, and clear enforcement mechanisms.
SUMMARY OF PROVISIONS:
Section 1 sets forth legislative findings emphasizing the importance of
accessible parking for individuals with disabilities and the need for
consistent enforcement beyond existing federal requirements.
Section 2 adds a new § 170-j to the Executive Law to require: Defi-
nitions: Establishes "venue" as arenas, stadiums, convention centers, or
similar facilities with occupancy of 500 or more, and "accessible park-
ing" as defined under the 2010 ADA Standards for Accessible Design.
Requirements: Venues must maintain accessible parking in full compliance
with federal law, ensuring spaces are properly located, signed, striped,
unobstructed, and priced at no more than the lowest available rate.
Annual certification: Venues must file with the Division of Human Rights
(DHR) a yearly certification, including diagrams and attestation by a
licensed architect, engineer, or certified accessibility specialist.
Enforcement: DHR may investigate complaints, conduct random audits of at
least 59,5 of certified venues annually, and impose civil penalties (up
to $2,500 for a first offense, $5,000 for subsequent offenses within two
years). Municipalities have concurrent enforcement authority, including
fines up to $250 per day after 30 days' notice. Public registry: DHR
will maintain an online database of certified venues and compliance
status. Anti-retaliation: Protects complainants from retaliation, making
such conduct an unlawful discriminatory practice under Article 15.
Section 3 provides that the act takes effect 180 days after enactment,
with DHR authorized to promulgate rules within 90 days.
JUSTIFICATION:
Accessible parking is fundamental to ensuring that individuals with
disabilities have equitable access to public venues. While the Americans
with Disabilities Act (ADA) mandates such accommodations, enforcement
has proven inconsistent at large facilities, leaving many New Yorkers
without reliable access. This bill strengthens compliance by creating a
clear state-level oversight framework. By requiring annual certif-
ications, independent professional attestations, and random audits, the
legislation ensures that large venues cannot ignore or delay compliance
with federal accessibility standards. The bill also empowers munici-
palities to play a role in enforcement, provides meaningful but reason-
able penalties for non-compliance, and offers protections against retal-
iation for individuals who report violations. By codifying these
requirements, New York will set a strong standard for accessibility,
reduce barriers to participation in public life, and reaffirm the
state's commitment to equity and inclusion for all residents.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None for the State beyond modest administrative costs to the Division of
Human Rights to manage certifications and audits, which may be offset by
civil penalties.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.