Bill Text: NY A08122 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities; extends the demand for payment period to 60 days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A08122 Detail]

Download: New_York-2023-A08122-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8122

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the lien law,  in  relation  to  adding  certain  notice
          requirements for enforcing liens on goods in self-storage facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph (i) of paragraph  (a)  and  paragraph  (c)  of
     2  subdivision  2 of section 182 of the lien law, as amended by chapter 424
     3  of the laws of 2019, are amended to read as follows:
     4    (i) name and address of owner and occupant and electronic mail address
     5  of owner and occupant should the occupant choose  to  be  contacted  via
     6  electronic  mail  and  the  telephone  number of the occupant should the
     7  occupant choose to be contacted via telephone;
     8    (c) Every occupancy  agreement  as  required  by  this  section  shall
     9  contain  the  following  conspicuous  notices:  (i) "Notice: The monthly
    10  occupancy charge and other charges stated  in  this  agreement  are  the
    11  actual  charges  you  must  pay";  (ii)  "Notice:  You  may choose to be
    12  contacted for legal matters related to late or lien notices,  via  elec-
    13  tronic  mail or via telephone by providing your electronic mail address,
    14  and/or telephone number in at least two locations within  the  occupancy
    15  agreement";  (iii)  "Notice:  If  you  choose  to provide your telephone
    16  number, the owner must attempt to contact you by telephone to notify you
    17  of the mailing of any legal matters related to late or lien notices".
    18    § 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as
    19  amended by chapter 424 of the laws  of  2019,  is  amended  to  read  as
    20  follows:
    21    (a)  An  owner's lien may be enforced by public or private sale of the
    22  occupant's goods that remain in the self-storage facility, in block,  or
    23  in  parcel, at any time or place and on any terms which are commercially
    24  reasonable after notice to all persons known to claim an interest in the
    25  goods. The notice shall include an itemized statement of the amount due,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09012-01-3
        A. 8122                             2

     1  the description of the property subject to the lien, the nature  of  the
     2  proposed  sale,  a  demand  for payment within a specified time not less
     3  than [thirty] sixty days from mailing of the notice  and  a  conspicuous
     4  statement  that unless the claimant pays within that time the goods will
     5  be advertised for sale and sold at public or private sale in  a  commer-
     6  cially  reasonable manner. The notice shall further include the time and
     7  place of any public or private sale and it shall state that  any  person
     8  claiming  an  interest  in  the  goods is entitled to bring a proceeding
     9  hereunder within ten days of the service of the notice  if  he  disputes
    10  the  validity  of  the  lien, or the amount claimed. The notice shall be
    11  personally delivered to the occupant, or sent by registered or certified
    12  mail to the occupant's last known address, or sent by verified mail  and
    13  electronic  mail  to  the occupant's last known address. Any notice made
    14  pursuant to this section and sent by verified mail shall be sent to  the
    15  last  known  address provided by the occupant, pursuant to the occupancy
    16  agreement, provided further, that if the occupancy agreement states that
    17  the occupant has chosen to be contacted via telephone as  set  forth  in
    18  subdivision  two  of  this  section,  such notice shall not be effective
    19  unless the owner makes reasonable attempts to contact the  occupant  via
    20  telephone  to  notify  the  occupant  of the mailing of such notice. Any
    21  notice made pursuant to this section and sent by electronic  mail  shall
    22  only  be effective if: (i) the occupancy agreement states that the occu-
    23  pant has consented to receive late or lien notices by  electronic  mail;
    24  and  (ii)  the  occupant  has  provided  the  occupant's electronic mail
    25  address in at least two locations within the occupancy agreement.
    26    § 3. This act shall take effect immediately.