A02651 Summary:

BILL NOA02651
 
SAME ASNo Same As
 
SPONSORHyndman
 
COSPNSR
 
MLTSPNSR
 
Amd 182, Lien L
 
Relates to notice for enforcement of a lien against a self-service storage facility; requires a first notice to be delivered or sent within 30 days of the event that triggered the enforcement of the lien and the second notice to be sent within 45 days of such event and provides that public or private sale of the goods removed from the storage space may occur 60 days after such notification.
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A02651 Actions:

BILL NOA02651
 
01/19/2021referred to judiciary
01/05/2022referred to judiciary
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A02651 Committee Votes:

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A02651 Floor Votes:

There are no votes for this bill in this legislative session.
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A02651 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2651
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Judiciary
 
        AN ACT to amend the lien law, in relation to notice for enforcement of a
          lien against self-service storage facility
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph (a) of subdivision 7 of section 182 of the lien
     2  law, as amended by chapter 424 of the laws of 2019, is amended  to  read
     3  as follows:
     4    (a)  An  owner's lien may be enforced by public or private sale of the
     5  occupant's goods that remain in the self-storage facility, in block,  or
     6  in  parcel, at any time or place and on any terms which are commercially
     7  reasonable after notice to all persons known to claim an interest in the
     8  goods. The notice 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 [thirty] sixty days from mailing of the notice  and  a  conspicuous
    12  statement  that unless the claimant pays within that time the goods will
    13  be advertised for sale and sold at public or private sale in  a  commer-
    14  cially  reasonable  manner.  The [notice] first and second notices shall
    15  further include the time and place of any public or private sale and  it
    16  shall  state  that any person claiming an interest in the goods is enti-
    17  tled to bring a proceeding hereunder within  [ten]  sixty  days  of  the
    18  service  of  the  first notice if he or she disputes the validity of the
    19  lien, or the amount claimed. The [notice] first and second notices shall
    20  be personally delivered to the occupant, or sent by registered or certi-
    21  fied mail to the occupant's last known address, or sent by verified mail
    22  and electronic mail to the occupant's last known address, and  at  least
    23  one  other  address  provided  by the occupant to the owner, if any. The
    24  first notice shall be personally delivered or sent  in  accordance  with
    25  this  subdivision  within  thirty  days  of the event that triggered the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06730-01-1

        A. 2651                             2
 
     1  enforcement of the lien and the second notice shall be personally deliv-
     2  ered or sent in accordance with this subdivision within forty-five  days
     3  of  such  event.  Any  notice  made pursuant to this section and sent by
     4  verified  mail  shall  be sent to the last known address provided by the
     5  occupant, pursuant to the occupancy agreement. Any notice made  pursuant
     6  to  this section and sent by electronic mail shall only be effective if:
     7  (i) the occupancy agreement states that the occupant  has  consented  to
     8  receive  late  or lien notices by electronic mail; and (ii) the occupant
     9  has provided the occupant's electronic mail  address  in  at  least  two
    10  locations within the occupancy agreement.
    11    § 2. This act shall take effect immediately.
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