New York A 5185: Prohibits hotels, motels and lodging establishments from selling prepaid rooms to another person in certain circumstances

Bill Text

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A05185 Summary:

BILL NOA05185 

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SAME ASNo Same As

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SPONSORNovakhov

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §210, Gen Bus L

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Prohibits hotels, motels and lodging establishments from selling prepaid rooms to another person if the original guest fails to check in on the first day of the scheduled reservation or if the guest fails to check in within the first, second or third night for prepaid reservations of seven days or longer; provides penalties for violations.

Go to top A05185 Actions:

BILL NOA05185 

&nbsp

02/12/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA05185 Committee&nbspVotes:

Go to topA05185 Floor&nbspVotes:

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

Go to topA05185 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5185

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. NOVAKHOV -- read once and referred to the Commit-
 tee on Consumer Affairs and Protection

 AN ACT to amend the general business law in relation to prohibiting
 hotels, motels and lodging establishments from selling prepaid rooms
 to another person in certain circumstances

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

 1 Section 1. Legislative intent. The legislature finds that many hotel
 2 reservations are prepaid in advance. Failure to check in on the first
 3 night of a prepaid reservation can result in lost revenue for the hotel
 4 and inconvenience for other guests. Some hotels have been known to sell
 5 a prepaid room to a second person if the original guest fails to check
 6 in, causing confusion and potential legal issues.
 7 § 2. The general business law is amended by adding a new section 210
 8 to read as follows:
 9 § 210. Prepaid hotel reservations. 1. (a) Any hotel, motel or lodging
 10 establishment shall be prohibited from selling a prepaid room to a
 11 second person if the original guest fails to check in on the first night
 12 of the originally scheduled reservation. If a reservation is scheduled
 13 for seven days or longer, any hotel, motel or lodging establishment
 14 shall be prohibited from selling a prepaid room to a second person if
 15 the original guest fails to check in on the first, second or third night
 16 of the originally scheduled reservation.
 17 (b) It shall be required that any guest with a prepaid reservation at
 18 a hotel, motel or lodging establishment who will not be checking in on
 19 the first night of such reservation shall provide notice, by telephone
 20 or electronic mail, to such hotel, motel or lodging establishment of
 21 such late check-in. If such notice is not provided by the guest pursuant
 22 to this paragraph, the provisions of paragraph (a) of this subdivision
 23 shall not apply and such hotel, motel or lodging establishment where the
 24 prepaid reservation was made shall have the right to cancel such reser-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08973-01-5

 A. 5185 2

 1 vation after twenty-four hours, unless the guest contacts such hotel,
 2 motel or lodging establishment and cancels such reservation.
 3 2. It shall be prohibited for any hotel, motel or lodging establish-
 4 ment in any booking contract or agreement between such hotel, motel or
 5 lodging establishment and a guest to include any provision that allows
 6 such hotel, motel or lodging establishment to cancel a reservation,
 7 charge a cancellation fee and rent out the reserved room to another
 8 person when such reservation has been fully prepaid.
 9 3. Any hotel, motel or lodging establishment that violates the
 10 requirements of this section shall be responsible for any actual
 11 damages, or a fine of five hundred dollars, whichever amount is greater,
 12 per violation. A hotel, motel or lodging establishment charged with a
 13 violation pursuant to this section shall have the right to appeal such
 14 violation in a court of competent jurisdiction.
 15 § 3. The division of consumer protection shall establish regulations
 16 and guidelines for the implementation of this act, including but not
 17 limited to the