Relates to notice for enforcement of a lien against a self-service storage facility; requires a first notice to be delivered or sent within 30 days of the event that triggered the enforcement of the lien and the second notice to be sent within 45 days of such event and provides that public or private sale of the goods removed from the storage space may occur 60 days after such notification.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4339
SPONSOR: Hyndman PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to change the notice is issued to tenants of self-sto-
rage units.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds to Subdivision 7 of section 182 of the lien law.
Section 2: Sets forth effective date.
JUSTIFICATION:
This bill is seeking uniformity in the lien law, which has not been
altered since 1983. With the influx of people being displaced due to the
wide-span of gentrification, many people have become transient. As
such, many people are utilizing the services of self-storage facilities
and losing their belongings. As the laws state today, every facility is
at liberty to enforce delinquent tenants at the discretion of each
facility owner. This can be very confusing to many; especially for those
who have utilized different facilities previously. There is also no due
diligence in the notification of tenants who are delinquent in their
tenancy agreement.
This legislation seeks to create a uniform law that is fair to both
tenant and owner.
PRIOR LEGISLATIVE HISTORY:
2022: A. 2651
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4339
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the lien law, in relation to notice for enforcement of a
lien against self-service storage facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 7 of section 182 of the lien
2 law, as amended by chapter 424 of the laws of 2019, is amended to read
3 as follows:
4 (a) An owner's lien may be enforced by public or private sale of the
5 occupant's goods that remain in the self-storage facility, in block, or
6 in parcel, at any time or place and on any terms which are commercially
7 reasonable after notice to all persons known to claim an interest in the
8 goods. The notice 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 [thirty] sixty days from mailing of the notice and a conspicuous
12 statement that unless the claimant pays within that time the goods will
13 be advertised for sale and sold at public or private sale in a commer-
14 cially reasonable manner. The [notice] first and second notices shall
15 further include the time and place of any public or private sale and it
16 shall state that any person claiming an interest in the goods is enti-
17 tled to bring a proceeding hereunder within [ten] sixty days of the
18 service of the first notice if he or she disputes the validity of the
19 lien, or the amount claimed. The [notice] first and second notices shall
20 be personally delivered to the occupant, or sent by registered or certi-
21 fied mail to the occupant's last known address, or sent by verified mail
22 and electronic mail to the occupant's last known address, and at least
23 one other address provided by the occupant to the owner, if any. The
24 first notice shall be personally delivered or sent in accordance with
25 this subdivision within thirty days of the event that triggered the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06934-01-3
A. 4339 2
1 enforcement of the lien and the second notice shall be personally deliv-
2 ered or sent in accordance with this subdivision within forty-five days
3 of such event. Any notice made pursuant to this section and sent by
4 verified mail shall be sent to the last known address provided by the
5 occupant, pursuant to the occupancy agreement. Any notice made pursuant
6 to this section and sent by electronic mail shall only be effective if:
7 (i) the occupancy agreement states that the occupant has consented to
8 receive late or lien notices by electronic mail; and (ii) the occupant
9 has provided the occupant's electronic mail address in at least two
10 locations within the occupancy agreement.
11 § 2. This act shall take effect immediately.
