Bill Text: NY S01325 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to liens on self-service storage facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S01325 Detail]

Download: New_York-2017-S01325-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1325
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the lien law, in relation to liens on self-service stor-
          age facilities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 7 of section 182 of the lien law, as added by
     2  chapter 975 of the laws of 1983, is amended to read as follows:
     3    7. Enforcement of lien. An owner's lien may be enforced by  public  or
     4  private  sale of the goods that have been removed from the storage space
     5  at a self-service storage facility, in block, or in parcel, at any  time
     6  or  place  and on any terms which are commercially reasonable after dual
     7  notice to all persons known to claim  an  interest  in  the  goods.  The
     8  [notice]  notices shall include an itemized statement of the amount due,
     9  the description of the property subject to the lien, the nature  of  the
    10  proposed  sale,  a  demand  for payment within a specified time not less
    11  than [ten] thirty days from receipt of the  second  notification  and  a
    12  conspicuous statement that unless the claimant pays within that time the
    13  goods  will be advertised for sale and sold at public or private sale in
    14  a commercially reasonable manner. The  [notice]  notices  shall  further
    15  include  the  time  and place of any public or private sale and it shall
    16  state that any person claiming an interest in the goods is  entitled  to
    17  bring  a proceeding hereunder within [ten] thirty days of the service of
    18  the second notice if he disputes the validity of the lien, or the amount
    19  claimed. The [notice] notices shall be personally delivered to the occu-
    20  pant and to the alternative person, or sent by registered  or  certified
    21  mail,  return  receipt  requested,  to  the occupant to the last address
    22  provided by the occupant and to the alternative address, pursuant to the
    23  occupancy agreement. The second notice shall be personally delivered  or
    24  sent  between  five  and  ten  days  after  the  first  notice  has been
    25  personally delivered or sent.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00856-01-7
        S. 1325                             2
     1    § 2. Paragraph (c) of subdivision 2 of section 182 of the lien law, as
     2  added by chapter 975 of the laws of 1983, is amended and a new paragraph
     3  (d) is added to read as follows:
     4    (c)  Every  occupancy  agreement  as  required  by  this section shall
     5  contain the following conspicuous notice:
     6  "Notice: The monthly occupancy charge and other charges stated  in  this
     7  agreement are the actual charges you must pay. Your personal property in
     8  a  leased  space  will  be subject to a claim of lien and can be sold to
     9  satisfy the lien if you default or fail to pay rent for the  storage  of
    10  personal property abandoned after the termination of the agreement".
    11    (d)  Every  occupancy  agreement as required by this section shall ask
    12  for the name and address of another person to whom the required  notices
    13  may  be  sent.  Failure of an occupant to provide an alternative address
    14  shall not affect an owner's remedies under this  section  or  under  any
    15  other provision of law.
    16    § 3. This act shall take effect January 1, 2020.