S06201 Summary:

BILL NO    S06201A

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    S06201A

01/08/2014 REFERRED TO JUDICIARY
06/05/2014 AMEND AND RECOMMIT TO JUDICIARY
06/05/2014 PRINT NUMBER 6201A
06/19/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/19/2014 ORDERED TO THIRD READING CAL.1608
06/20/2014 RECOMMITTED TO RULES
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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--A

                                   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  --  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.
                                                                  LBD13207-04-4
       S. 6201--A                          2

    1    S 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    S 3. This act shall take effect January 1, 2016.
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