336. Business purpose statement. 1. A preprinted or typewritten affirmation or other provision indicating that a vehicle is being leased primarily for agricultural, business or commercial use shall be inadmissible in evidence in any trial, hearing, action or proceeding on behalf of a lessor or holder unless the affirmation or other provision is printed or typewritten in a separate document signed by the lessee that contains: (a) a space which the lessee must complete in order to identify the nature of his or her business; and (b) directly above the space reserved for the signature of the lessee, a conspicuous statement informing the lessee that important consumer protections will not apply if the vehicle is being leased primarily for agricultural, business or commercial use.
2. This section shall not apply if the retail lease agreement contains: (a) a provision permitting the lessee to specify whether the vehicle is being leased primarily for personal, family or household use or primarily for agricultural, business or commercial use; and (b) either in close proximity to the provisions permitted by paragraph (a) of this subdivision or directly above the notice required by paragraph (c) of subdivision two of section three hundred thirty-seven of this article, a notice printed or written in a size equal to at least eight-point bold type that is substantially similar to the following notice: "WARNING: Important consumer protections may not apply if this agreement indicates that you are leasing the vehicle primarily for agricultural, business or commercial use."
3. The statement by the lessee of the purpose for which the vehicle is being leased shall not be dispositive of the issue of whether the vehicle is being leased primarily for personal, family or household use. In determining whether the vehicle is being leased primarily for personal, family or household use, the court shall consider any other factors relevant to that determination.
Last modified: February 3, 2019