S06201 Summary:

BILL NO    S06201 

SAME AS    No same as 

SPONSOR    AVELLA

COSPNSR    

MLTSPNSR   

Amd S182, Lien L

Relates to liens on self-service storage facilities.
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S06201 Actions:

BILL NO    S06201 

01/08/2014 REFERRED TO JUDICIARY
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S06201 Votes:

There are no votes for this bill in this legislative session.
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S06201 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6201

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 8, 2014
                                      ___________

       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.
                                                                  LBD13207-03-3
       S. 6201                             2

    1    S 2. Paragraph (c) of subdivision 2 of section 182 of the lien law, as
    2  amended by chapter 975 of the laws of 1983, is amended and a  new  para-
    3  graph (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    S 3. This act shall take effect immediately.
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