S06201 Summary:

SAME ASNo same as
Amd S182, Lien L
Relates to liens on self-service storage facilities.
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S06201 Actions:

06/05/2014PRINT NUMBER 6201A
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S06201 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     January 8, 2014
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee  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 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.

        S. 6201--A                          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, 2016.
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