Assistive Device State Lemon Laws
New York
New York General Business Law - Article 32
Section 670 (Wheel Chairs)
New York Vehicle and Traffic Law
Summary of the Law:
Who
& What is covered:
New York's statute covers any consumer who acquires
a wheel chair by purchase, lease, transfer, or ability to enforce
the warranty.
Consumer Remedies:
Under the statute, if a wheel chair is in for repair
3 or more times for the same defect or is out of service 30 days
or more within the warranty period, the consumer must offer to
turn possession of the wheel chair over to the manufacturer. The
consumer is then entitled to a replacement wheel chair or a refund
of the price paid. Additionally, the consumer may chose to have
their dispute handed over to an alternative dispute resolution
mechanism that has been put in place by the state of New York.
Resale of "lemon" wheel chairs:
Any wheel chair which is repurchased by the manufacturer
because it is a "lemon" under this statute cannot be
resold in New York without full disclosure to the consumer.
Details of the Law:
Devices Covered: Wheelchairs
Persons Covered: Purchaser, Lessee, transferee, anyone
who can enforce the warranty.
Period Covered: 1 year from date of purchase.
Disclosure Requirements: Full disclosure
Required Consumer Notice: not applicable
Repair Requirements: 3 repair attempts or 30 days
out of service
Affirmative Defenses: not applicable
Replace/refund: Replacement or Refund
Other reimbursement: not applicable
Other remedies: not applicable
Informal dispute resolution: Exists at the option
of the consumer- consumer may chose to have their dispute handed
over to an alternative dispute resolution mechanism set in place
by the state.
Resale of Lemon: Only with full disclosure.
Links to State Info:
Cleary
School for the Deaf
Lexington
School for the Deaf
Mill Neck
School for Deaf Children
NY Institute
for Special Education (for children's needs)
NY
State School for the Blind
NY
School for the Deaf
National
Technical Institute for the Deaf (Rochester)
St. Mary's
School for the Deaf
