BILL NO A07768
SAME AS SAME AS S01684-A
Add S181, Lien L
Establishes a lien, for the benefit of a campground owner, on the recreational
vehicle of a campground guest for unpaid charges at a campground.
TITLE OF BILL: An act to amend the lien law, in relation to
establishing a campground owner's lien
Establishes a lien, for the benefit of a campground owner, on the
recreational vehicle of a campground guest for unpaid charges to the
SUMMARY OF PROVISIONS:
Section 1 - Creates a new section 181 of the lien law, which defines a
campground, campground owner, campground season, guest, occupancy
agreement and recreational vehicle. Further the bill provides for a
lien against a recreational vehicle if a guest is in default in
payment of occupancy fees and other charges for a period of 30 days.
The campground owner is required to provide additional notice, served
by certified mail, which advises that the guest is in default and his
or her recreational vehicle will be removed from a campsite and that
proceedings will be commenced to enforce a lien under article 9 of the
lien law. The notice shall also provide the guest with notice to
remove his or her personal property from the recreational vehicle
prior to the time that it is sold pursuant to article 9. A similar
notice shall be served upon lien holders.
In essence, a campground owner is no different than a garage keeper or
self-service storage facility owner, who is entitled to a lien when a
customer or occupant defaults under the terms of a storage contract or
occupancy agreement. Campground owners are particularly susceptible
when long-term guests fall behind in payments and abandon their
recreational vehicles at the end of camping season. The remedies
provided under the lien law are the only cost effective way for a
campground owner to recoup his or her losses under these
2013/14: S. 1007A Referred to Judiciary; A. 7308 Referred to Judiciary
2012: S. 6968 Referred to Judiciary; A. 9980 Referred to Judiciary
LOCAL FISCAL IMPLICATIONS:
This act shall take effect immediately.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
May 27, 2015
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the lien law, in relation to establishing a campground
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The lien law is amended by adding a new section 181 to
2 read as follows:
3 S 181. CAMPGROUND OWNER'S LIEN. 1. DEFINITIONS. AS USED IN THIS
5 (A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE
6 CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY LIVING QUARTERS FOR
7 RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE.
8 (B) "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR
9 AN AGENT OF SUCH OWNER OR OPERATOR.
10 (C) "CAMPING SEASON" MEANS THE PERIOD OF TIME THAT A CAMPGROUND IS
11 OPEN FOR THE PURPOSE OF ALLOWING GUESTS TO OCCUPY CAMPSITES DURING THE
12 COURSE OF A YEAR.
13 (D) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE-
14 MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
15 (E) "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP-
16 GROUND OWNER AND A GUEST THAT ESTABLISHES OR MODIFIES THE TERMS, CONDI-
17 TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
18 A CAMPSITE.
19 (F) "RECREATIONAL VEHICLE" MEANS A VEHICLE PRIMARILY DESIGNED AS
20 TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR SEASONAL
21 USE THAT EITHER HAS ITS OWN MOTIVE POWER, OR IS MOUNTED ON OR TOWED BY
22 ANOTHER MOTOR VEHICLE.
23 2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR
24 OCCUPANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN AN OCCUPANCY
25 AGREEMENT, TOGETHER WITH SUCH OTHER FEES AND CHARGES THAT A GUEST MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 7768 2
1 INCUR IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED BY THE
2 CAMPGROUND OWNER AND THE REASONABLE AND ACTUAL COSTS INCURRED BY THE
3 CAMPGROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER, PROVIDED THAT
4 SUCH LIEN SHALL NOT EXTEND TO STORAGE FEES INCURRED AFTER THE END OF A
5 CAMPING SEASON OR THE DATE THAT A RECREATIONAL VEHICLE IS REMOVED FROM A
6 CAMPSITE PURSUANT TO THIS SECTION, WHICHEVER IS EARLIER. A CAMPGROUND
7 OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS AND PRIVILEGES UNDER THIS
8 SECTION UNTIL A GUEST HAS BEEN IN DEFAULT IN THE PAYMENT OF OCCUPANCY
9 FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE
10 CAMPGROUND OWNER SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI-
11 FIED MAIL WHICH CONTAINS THE FOLLOWING:
12 (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A PERIOD OF THIRTY
13 DAYS OR MORE UNDER THE TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
15 (B) THE AMOUNT OF SUCH DEFAULT;
16 (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
17 WAS MAILED;
18 (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT, THE GUEST'S
19 RECREATIONAL VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
20 CAMPSITE AND THAT THE CAMPGROUND OWNER WILL COMMENCE PROCEEDINGS TO
21 ENFORCE ITS LIEN PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THIS
22 CHAPTER; AND
23 (E) THE TIMES AND DATES THAT THE GUEST MAY RETRIEVE HIS OR HER
24 PERSONAL PROPERTY FROM THE RECREATIONAL VEHICLE AND THAT SUCH PROPERTY
25 SHALL BE DEEMED TO HAVE BEEN ABANDONED IF NOT RETRIEVED PRIOR TO THE
26 TIME AND DATE THAT THE RECREATIONAL VEHICLE IS SOLD PURSUANT TO ARTICLE
27 NINE OF THIS CHAPTER.
28 4. A LIKE NOTICE SHALL BE SERVED IN THE SAME MANNER UPON ANY PERSON
29 WHO SHALL HAVE GIVEN TO THE LIENOR NOTICE OF AN INTEREST IN THE PROPERTY
30 SUBJECT TO THE LIEN OR IS LISTED AS A LIENHOLDER UPON THE CERTIFICATE OF
31 TITLE OF THE RECREATIONAL VEHICLE PURSUANT TO THE PROVISIONS OF THE
32 VEHICLE AND TRAFFIC LAW.
33 S 2. This act shall take effect immediately.