New York A 1323: Prohibits deceptive rate advertising for certain accommodations

Bill Text

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A01323 Summary:

BILL NOA01323 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORVanel

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §209-h, Gen Bus L

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Prohibits deceptive rate advertising for certain accommodations; requires advertised rates to be inclusive of all taxes and automatic fees; requires the non-inclusive rate, and an itemized list of taxes and automatic fees to be provided to the consumer prior to a person finalizing their purchase.

Go to top A01323 Actions:

BILL NOA01323 

&nbsp

01/09/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA01323 Committee&nbspVotes:

Go to topA01323 Floor&nbspVotes:

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

Go to topA01323 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1323

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. VANEL -- read once and referred to the Committee
 on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to prohibiting
 deceptive rate advertising for certain accommodations

 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
 2 209-h to read as follows:
 3 § 209-h. Deceptive advertising. 1. Every advertisement or solicitation
 4 communicating a rate or rates for an accommodation in this state made by
 5 an operator of an accommodation or marketer shall be deemed deceptive if
 6 such rate or rates are not inclusive of all taxes and automatic fees.
 7 This section shall be construed as applying to all instances and mediums
 8 where the rate or rates are communicated.
 9 2. For purposes of this section, the following terms shall have the
 10 following meanings:
 11 (a) "Rate" shall mean the costs associated with staying at an accommo-
 12 dation, whether displayed as a nightly, daily, or aggregate price and
 13 whether represented in currency, points, credits, or a similar represen-
 14 tation, paid by a guest to stay at the accommodation.
 15 (b) "Accommodation" shall mean a hotel, motel, inn or short-term
 16 rental. "Short-term rental" shall be defined as an entire dwelling unit,
 17 or a room, group of rooms, other living or sleeping space, or any other
 18 space, made available for rent by guests for less than thirty consec-
 19 utive days.
 20 (c) "Automatic fees" shall include all such fees that are charged to a
 21 guest without respect for such guest's right or ability to be reimbursed
 22 for or refuse to pay the fee or any part thereof. Automatic fees shall
 23 include, but shall not be limited to, service fees, resort fees, desti-
 24 nation fees, amenity fees, facility fees, housekeeping or cleaning fees,
 25 mandatory gratuities, and any fee for a good or service due at the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03736-01-5

 A. 1323 2

 1 accommodation or elsewhere, before, during, or after the guest concludes
 2 their stay, that is automatically charged in full absent notification to
 3 the accommodation by the guest that the good or service being charged
 4 for was not utilized. A guest's right to refuse or be reimbursed for an
 5 automatic payment shall have no effect on the fee's classification.
 6 Taxes shall include all applicable federal, state, and local taxes.
 7 (d) "Inclusive rate" shall mean the total cost amount the consumer is
 8 expected to pay, including any additional taxes or fees.
 9 (e) "Non-inclusive rate" shall mean the cost amount for only the
 10 services being provided, which does not include additional taxes and
 11 fees which may be imposed.
 12 (f) "Marketer" shall mean any person or entity who, in the normal
 13 course of business, displays, advertises or solicits rates for accommo-
 14 dations.
 15 (g) "Points" and "credits" shall include all incentives offered by an
 16 issuing entity that can be redeemed at an accommodation, irrespective of
 17 the issuer. Points and credits shall include, but shall not be limited
 18 to, points issued by credit card issuers, operators of accommodations,
 19 rewards programs, loyalty programs, and any combin