TITLE OF BILL: An act to amend the lien law, in relation to a
campground owner's lien
PURPOSE OR GENERAL IDEA OF BILL:
Protects campground owners from campers who fall behind in payments.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends the lien law to create a new section 181, which
defines a campground, campground owner, guest, occupancy agreement and
recreational vehicle and 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 an additional notice 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 of times and places where he or she may remove the
recreational vehicle and/or his or her personal property prior to the
time that it is sold pursuant to Article 9. A similar notice shall be
served upon lienholders. The lien does not apply if an occupancy
agreement does not contain a clause advising a guest that his or her
property may be subject to the lien.
Section Two defines the effective date.
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 a 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
PRIOR LEGISLATIVE HISTORY:
2012; Previous version (S.6989/A.9980 referred to Judiciary.
2013-14 (S.1007/A.7308) referred to Judiciary
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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the lien law, in relation to a campground owner's lien
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 read
2 as follows:
3 S 181. CAMPGROUND OWNER'S LIEN. 1. AS USED IN THIS ARTICLE:
4 (A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE
5 CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY LIVING QUARTERS FOR
6 RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE.
7 (B) "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR
8 AN AGENT OF SUCH OWNER OR OPERATOR.
9 (C) "CAMPING SEASON" MEANS THE PERIOD OF TIME THAT A CAMPGROUND IS
10 OPEN FOR THE PURPOSE OF ALLOWING GUESTS TO OCCUPY CAMPSITES DURING THE
11 COURSE OF A YEAR.
12 (D) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE-
13 MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
14 (E) "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP-
15 GROUND OWNER AND GUEST THAT ESTABLISHES OR MODIFIES THE TERMS, CONDI-
16 TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
17 A CAMPSITE.
18 (F) "RECREATIONAL VEHICLE" MEANS A VEHICLE PRIMARILY DESIGNED AS
19 TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL, OR SEASONAL
20 USE THAT EITHER HAS ITS OWN MOTIVE POWER OR IS MOUNTED ON OR TOWED BY
21 ANOTHER VEHICLE.
22 2. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR OCCU-
23 PANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN AN OCCUPANCY AGREE-
24 MENT, TOGETHER WITH SUCH OTHER FEES AND CHARGES THAT A GUEST MAY INCUR
25 IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED BY THE CAMP-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 7768--A 2
1 GROUND OWNER AND THE REASONABLE AND ACTUAL COSTS INCURRED BY THE CAMP-
2 GROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER, PROVIDED THAT SUCH
3 LIEN SHALL NOT EXTEND TO STORAGE FEES INCURRED AFTER THE END OF A CAMP-
4 ING SEASON OR THE DATE THAT A RECREATIONAL VEHICLE IS REMOVED FROM A
5 CAMPSITE PURSUANT TO THIS SECTION, WHICHEVER IS EARLIER.
6 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY UNLESS AN OCCUPANCY
7 AGREEMENT CONTAINS A CLAUSE ALERTING A GUEST THAT A DEFAULT IN THE
8 PAYMENT OF OCCUPANCY FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS
9 MAY RESULT IN THE CAMPGROUND OWNER TAKING POSSESSION OF THE GUEST'S
10 RECREATIONAL VEHICLE AND OTHER PERSONAL PROPERTY AND SELLING SAME PURSU-
11 ANT TO THE TERMS OF ARTICLE NINE OF THIS CHAPTER.
12 4. A CAMPGROUND OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS AND PRIVI-
13 LEGES UNDER THIS SECTION UNTIL A GUEST HAS BEEN IN DEFAULT IN THE
14 PAYMENT OF OCCUPANCY FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS,
15 AFTER WHICH TIME THE CAMPGROUND OWNER SHALL PROVIDE THE GUEST WITH WRIT-
16 TEN NOTICE SERVED PERSONALLY IF SUCH GUEST IS OCCUPYING HIS OR HER
17 RECREATIONAL VEHICLE AT THE CAMPGROUND AT THE TIME OF SERVICE OR BY
18 ORDINARY MAIL AND CERTIFIED MAIL DIRECTED TO THE ADDRESS CONTAINED IN
19 THE OCCUPANCY AGREEMENT IF SUCH GUEST IS NOT OCCUPYING HIS OR HER RECRE-
20 ATIONAL VEHICLE AT THE TIME OF SERVICE, WHICH NOTICE SHALL CONTAIN THE
22 (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A PERIOD OF THIRTY
23 DAYS OR MORE UNDER THE TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
25 (B) THE AMOUNT OF SUCH DEFAULT;
26 (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
27 WAS MAILED;
28 (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT, THE GUEST'S
29 RECREATIONAL VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
30 CAMPSITE AND THAT THE CAMPGROUND OWNER WILL COMMENCE PROCEEDINGS TO
31 ENFORCE ITS LIEN PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THIS
33 (E) A STATEMENT ADVISING THE GUEST THAT HE OR SHE MAY BRING AN ACTION
34 AGAINST THE CAMPGROUND OWNER PURSUANT TO SECTION TWO HUNDRED ONE-A OF
35 THIS CHAPTER IF HE OR SHE CONTESTS THE VALIDITY OR AMOUNT OF THE LIEN;
37 (F) THE TIMES AND DATES THAT THE GUEST MAY RETRIEVE HIS OR HER RECRE-
38 ATIONAL VEHICLE UPON PAYMENT OF THE AMOUNT OF THE LIEN AND/OR OTHER
39 PERSONAL PROPERTY BELONGING TO THE GUEST WITHOUT PAYMENT OF SUCH AMOUNT.
40 IF SUCH PERSONAL PROPERTY REMAINS UNCLAIMED, IT WILL BE SOLD WITH THE
41 RECREATIONAL VEHICLE PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THIS
43 5. A LIKE NOTICE SHALL BE SERVED BY CERTIFIED MAIL UPON ANY PERSON WHO
44 SHALL HAVE GIVEN TO THE LIENOR NOTICE OF AN INTEREST IN THE PROPERTY
45 SUBJECT TO THE LIEN OR IS LISTED AS A LIENHOLDER UPON THE CERTIFICATE OF
46 TITLE OF THE RECREATIONAL VEHICLE PURSUANT TO THE PROVISIONS OF THE
47 VEHICLE AND TRAFFIC LAW.
48 S 2. This act shall take effect immediately.