Bill Text: NY A05022 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that where the notice of lien is for retainage, the notice of lien may be filed within ninety days after the date the retainage was due to be released.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2011-08-03 - signed chap.367 [A05022 Detail]

Download: New_York-2011-A05022-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3179                                                  A. 5022
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 10, 2011
                                      ___________
       IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
         printed, and when printed to be committed to the Committee on  Judici-
         ary
       IN  ASSEMBLY -- Introduced by M. of A. CUSICK, CASTRO -- Multi-Sponsored
         by -- M. of A. BOYLAND, GUNTHER, MAYERSOHN -- read once  and  referred
         to the Committee on Judiciary
       AN ACT to amend the lien law, in relation to lien filings for retainage
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 10 of the lien law, as amended  by
    2  chapter 288 of the laws of 2000, is amended to read as follows:
    3    1.  Notice of lien may be filed at any time during the progress of the
    4  work and the furnishing of the materials, or, within eight months  after
    5  the completion of the contract, or the final performance of the work, or
    6  the final furnishing of the materials, dating from the last item of work
    7  performed  or  materials  furnished;  provided,  however, that where the
    8  improvement is related to real property improved or to be improved  with
    9  a  single  family  dwelling, the notice of lien may be filed at any time
   10  during the progress of the work and the furnishing of the materials, or,
   11  within four months after the completion of the contract,  or  the  final
   12  performance  of  the  work,  or  the  final furnishing of the materials,
   13  dating from the last item of work performed or materials furnished;  AND
   14  PROVIDED  FURTHER  WHERE THE NOTICE OF LIEN IS FOR RETAINAGE, THE NOTICE
   15  OF LIEN MAY BE FILED WITHIN NINETY DAYS AFTER THE DATE THE RETAINAGE WAS
   16  DUE TO BE RELEASED; except that in the case of a lien by a  real  estate
   17  broker,  the  notice  of lien may be filed only after the performance of
   18  the brokerage services and execution of lease by both lessor and  lessee
   19  and  only  if  a  copy of the alleged written agreement of employment or
   20  compensation is annexed to the notice of lien, provided that  where  the
   21  payment  pursuant to the written agreement of employment or compensation
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00564-01-1
       S. 3179                             2                            A. 5022
    1  is to be made in installments, then a notice of lien may be filed within
    2  eight months after the final payment is due, but in no event later  than
    3  a date five years after the first payment was made. For purposes of this
    4  section,  the term "single family dwelling" shall not include a dwelling
    5  unit which is a part of a subdivision that has been filed with a munici-
    6  pality in which the subdivision is located when at the time the lien  is
    7  filed,  such  property  in the subdivision is owned by the developer for
    8  purposes other  than  his  personal  residence.  For  purposes  of  this
    9  section,  "developer"  shall  mean  and  include any private individual,
   10  partnership, trust or corporation which improves two or more parcels  of
   11  real  property  with single family dwellings pursuant to a common scheme
   12  or plan. The notice of lien must be filed in the clerk's office  of  the
   13  county  where  the property is situated. If such property is situated in
   14  two or more counties, the notice of lien shall be filed in the office of
   15  the clerk of each of such counties. The  county  clerk  of  each  county
   16  shall  provide  and  keep  a  book to be called the "lien docket," which
   17  shall be suitably ruled in columns headed "owners," "lienors," "lienor's
   18  attorney," "property," "amount," "time of filing," "proceedings had," in
   19  each of which he shall enter the particulars  of  the  notice,  properly
   20  belonging  therein.  The  date,  hour  and  minute of the filing of each
   21  notice of lien shall be entered in the proper column.  Except where  the
   22  county  clerk  maintains a block index, the names of the owners shall be
   23  arranged in such book in alphabetical order. The validity  of  the  lien
   24  and  the  right  to  file  a notice thereof shall not be affected by the
   25  death of the owner before notice of the lien is filed.
   26    S 2. This act shall take effect immediately.