New York Private Lot Towing Notice Law

Under General Business Law 399-v, a 'parking facility' is any lot with capacity for five or more vehicles not owned or operated by the state, a municipality or a public authority; smaller lots fall outside the statute entirely. Before towing or booting a car, the operator must post a conspicuous notice giving the lot operator's name, address and phone number, plus the name, address and phone number of the specific company authorized to tow or immobilize vehicles there, along with a warning that unauthorized vehicles will be towed at the owner's expense.

No sign, no lawful tow. Section 399-v(4) separately bars the lot owner from soliciting or accepting any payment, commission or kickback from the tow company for the business it sends their way. A driver harmed by a violation can sue for an injunction plus actual damages or $150, whichever is greater; a court that finds the violation willful or knowing can treble that award up to $1,000 and award attorney's fees to a winning plaintiff (399-v(6)). The Attorney General can seek an injunction on five days' notice, restitution, and a civil penalty of $50 to $1,000 per violation; a town attorney or city corporation counsel may enforce the same section and keep what it collects (399-v(4-a)).

The statute exempts cities of one million or more, so New York City runs its own towing rules rather than this one. Section 399-v(7) leaves room for local laws that go further: municipalities may cap towing and storage rates, require a written contract between the lot and the tower, require the owner present at the tow, or set the hours a tower must release a vehicle. A related statute, GBL 399-x, makes any tower that already takes credit or debit cards accept them for towing and storage charges, under the same $50-$1,000 penalty.

Separately, Lien Law 184 requires a tower to mail the owner certified notice within five business days of a police-ordered tow, and caps the storage lien at any written estimate the tower gave.

Violating the signage or kickback rules exposes a lot operator to a private lawsuit for an injunction and actual damages or $150, whichever is greater, trebled up to $1,000 for a willful violation, plus the plaintiff's attorney's fees. The Attorney General can add a civil penalty of $50 to $1,000 per violation after five days' notice, and a town attorney or city corporation counsel can enforce concurrently and retain the recovery. Refusing card payment under GBL 399-x carries the same $50-$1,000 penalty.