Relates to actions for illegal and improper practices of commercial towing companies

◆ The sponsor's argument

Why the sponsor says this is needed

Predatory towing has been a problem for many New York State motorists, particularly those in areas where parking is limited such as New York City. Certain towing companies, which aggressively enforce parking regu- lations on the private property where they are authorized to tow, intim- idate motorists into providing cash payments in excess of authorized drop fees. While the act of towing itself is permissible depending on posted signage, they cannot require cash payment and they are cannot charge more than one-half of the charge allowed if the individual arrives at the scene prior to the removal of the vehicle. Many individ- uals who see that their vehicle is being towed are desperate to avoid lengthy ordeals and significant hassle and are willing to meet a tow operator's demand regardless of legality. It is only after they get their vehicle back that they realize that they have been taken advantage of and laws have been violated. Clearly the existing complaint process is insufficient to deter these predatory towing companies from continu- ing to take advantage of unsuspecting motorists. By allowing a lien to be placed on these unscrupulous companies, this bill will strengthen enforcement procedures of existing law and will further protect the motorists of New York State. According to New York City Administrative Code Section 19-169.1 Part g: "if the registered owner or other person in control of a vehicle arrives at the scene prior to the removal of the vehicle, and such vehicle is connected to any apparatus for removal, the vehicle shall be discon- nected from such apparatus and such registered owner or other person in control of such vehicle shall be allowed to remove the vehicle from the premises without interference upon payment of a reasonable service fee of not more than one-half of the charge allowed for removal as provided in subdivision a of this section, for which a receipt shall be given. Each tow operator shall carry a legible copy of this section." Further- more, the NYC Department of Consumer Affairs and NYPD have both stated that tow operators cannot demand cash payment for release of a vehicle that is being towed.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.