Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities; extends the demand for payment period to 60 days.
STATE OF NEW YORK
________________________________________________________________________
2280
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the lien law, in relation to adding certain notice
requirements for enforcing liens on goods in self-storage facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (a) and paragraph (c) of
2 subdivision 2 of section 182 of the lien law, as amended by chapter 424
3 of the laws of 2019, are amended to read as follows:
4 (i) name and address of owner and occupant and electronic mail address
5 of owner and occupant should the occupant choose to be contacted via
6 electronic mail and the telephone number of the occupant should the
7 occupant choose to be contacted via telephone;
8 (c) Every occupancy agreement as required by this section shall
9 contain the following conspicuous notices: (i) "Notice: The monthly
10 occupancy charge and other charges stated in this agreement are the
11 actual charges you must pay"; (ii) "Notice: You may choose to be
12 contacted for legal matters related to late or lien notices, via elec-
13 tronic mail or via telephone by providing your electronic mail address,
14 and/or telephone number in at least two locations within the occupancy
15 agreement"; (iii) "Notice: If you choose to provide your telephone
16 number, the owner must attempt to contact you by telephone to notify you
17 of the mailing of any legal matters related to late or lien notices".
18 § 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as
19 amended by chapter 424 of the laws of 2019, is amended to read as
20 follows:
21 (a) An owner's lien may be enforced by public or private sale of the
22 occupant's goods that remain in the self-storage facility, in block, or
23 in parcel, at any time or place and on any terms which are commercially
24 reasonable after notice to all persons known to claim an interest in the
25 goods. The notice shall include an itemized statement of the amount due,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05693-01-5
A. 2280 2
1 the description of the property subject to the lien, the nature of the
2 proposed sale, a demand for payment within a specified time not less
3 than [thirty] sixty days from mailing of the notice and a conspicuous
4 statement that unless the claimant pays within that time the goods will
5 be advertised for sale and sold at public or private sale in a commer-
6 cially reasonable manner. The notice shall further include the time and
7 place of any public or private sale and it shall state that any person
8 claiming an interest in the goods is entitled to bring a proceeding
9 hereunder within ten days of the service of the notice if [he] such
10 person disputes the validity of the lien, or the amount claimed. The
11 notice shall be personally delivered to the occupant, or sent by regis-
12 tered or certified mail to the occupant's last known address, or sent by
13 verified mail and electronic mail to the occupant's last known address.
14 Any notice made pursuant to this section and sent by verified mail shall
15 be sent to the last known address provided by the occupant, pursuant to
16 the occupancy agreement, provided further, that if the occupancy agree-
17 ment states that the occupant has chosen to be contacted via telephone
18 as set forth in subdivision two of this section, such notice shall not
19 be effective unless the owner makes reasonable attempts to contact the
20 occupant via telephone to notify the occupant of the mailing of such
21 notice. Any notice made pursuant to this section and sent by electronic
22 mail shall only be effective if: (i) the occupancy agreement states that
23 the occupant has consented to receive late or lien notices by electronic
24 mail; and (ii) the occupant has provided the occupant's electronic mail
25 address in at least two locations within the occupancy agreement.
26 § 3. This act shall take effect immediately.
