New York S 2394: Requires third-party accommodation reservation services identify themselves as such to users and not charge certain fees

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 Speaker Carl E. Heastie

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S02394 Summary:

BILL NOS02394 

&nbsp

SAME ASSAME AS A06562

&nbsp

SPONSORPERSAUD

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §391-x, Gen Bus L

&nbsp

Requires third-party accommodation reservation services identify themselves as such to users and not levy certain cancellation fees.

Go to top S02394 Actions:

BILL NOS02394 

&nbsp

01/17/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS02394 Committee&nbspVotes:

Go to topS02394 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02394 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2394

 2025-2026 Regular Sessions

 IN SENATE

 January 17, 2025
 ___________

 Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to requiring
 third-party accommodation reservation services identify themselves as
 such to users and not levy certain cancellation fees

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 391-x to read as follows:
 3 § 391-x. Third-party accommodation reservation services. 1. Defi-
 4 nitions. For the purposes of this section, the following terms shall
 5 have the following meanings:
 6 (a) "Place of public accommodation" shall mean any inn, hotel, motel,
 7 motor court or other establishment that provides lodging to transient
 8 guests. Such term shall not include an establishment treated as an
 9 apartment building for purposes of any state or local law or regulation
 10 or an establishment located within a building that contains not more
 11 than five rooms for rent or hire and that is actually occupied as a
 12 residence by the proprietor of such establishment.
 13 (b) "Third-party accommodation reservation service" means any website,
 14 mobile application or other internet service that: (i) offers or
 15 arranges for reserving on-premises service for a guest at a place of
 16 public accommodation; and (ii) that is owned and operated by a person
 17 other than the person who owns such place of public accommodation.
 18 (c) "User" means any individual using a third-party accommodation
 19 reservation service to make reservations for themself and others in
 20 their party.
 21 2. A third-party accommodation reservation service shall, upon a user
 22 attempting to complete a transaction on such service, inform the user
 23 that the third-party accommodation reservation service is not the place
 24 of public accommodation but instead a third-party accommodation reserva-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06103-02-5

 S. 2394 2

 1 tion service. Users will then have the option to continue to use the
 2 third-party accommodation reservation service or cancel the transaction.
 3 At no point before a user chooses to continue to use the third-party
 4 accommodation reservation service shall the service charge the users'
 5 credit card.
 6 3. No third-party accommodation reservation service shall levy a fee
 7 of more than ten percent of the cost of the first night of a reserved
 8 accommodation upon a user for canceling such reservation within forty-
 9 eight hours of the intended stay and shall not levy any such fee where
 10 the reservation is canceled more than forty-eight hours in advance,
 11 should the hotel waive the cancellation fee. Should the hotel not waive
 12 the cancellation fee, a third-party accommodation reservation service
 13 shall collect the cancellation fee and no more than a ten percent penal-
 14 ty.
 15 4. Any person who violates, or causes another person to violate, a
 16 provision of this section or any rule promulgated pursuant thereto,
 17 shall be subject to a civil penalty that shall not exceed one thousand
 18 dollars for each violation. Violations by third-party accommodation
 19 reservation services under this section shall accrue on a daily basis
 20 for each day and for each place of public accommodation with respect to
 21 which a violation of this section or any rule promulgated pursuant to
 2