Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities; extends the demand for payment period to 60 days; prohibits enforcement of owner's liens by public or private sale during the COVID-19 state disaster emergency.
STATE OF NEW YORK
________________________________________________________________________
11097
IN ASSEMBLY
November 6, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- 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
and prohibiting enforcement of such liens during the COVID-19 state
disaster emergency
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 and a new para-
20 graph (c) is added to read as 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,
26 the description of the property subject to the lien, the nature of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17554-01-0
A. 11097 2
1 proposed sale, a demand for payment within a specified time not less
2 than [thirty] sixty days from mailing of the notice and a conspicuous
3 statement that unless the claimant pays within that time the goods will
4 be advertised for sale and sold at public or private sale in a commer-
5 cially reasonable manner. The notice shall further include the time and
6 place of any public or private sale and it shall state that any person
7 claiming an interest in the goods is entitled to bring a proceeding
8 hereunder within ten days of the service of the notice if he disputes
9 the validity of the lien, or the amount claimed. The notice shall be
10 personally delivered to the occupant, or sent by registered or certified
11 mail to the occupant's last known address, or sent by verified mail and
12 electronic mail to the occupant's last known address. Any notice made
13 pursuant to this section and sent by verified mail shall be sent to the
14 last known address provided by the occupant, pursuant to the occupancy
15 agreement, provided further, that if the occupancy agreement states that
16 the occupant has chosen to be contacted via telephone as set forth in
17 subdivision two of this section, such notice shall not be effective
18 unless the owner makes reasonable attempts to contact the occupant via
19 telephone to notify the occupant of the mailing of such notice. Any
20 notice made pursuant to this section and sent by electronic mail shall
21 only be effective if: (i) the occupancy agreement states that the occu-
22 pant has consented to receive late or lien notices by electronic mail;
23 and (ii) the occupant has provided the occupant's electronic mail
24 address in at least two locations within the occupancy agreement.
25 (c) Notwithstanding any provision of law to the contrary, no owner
26 shall take any action with respect to the enforcement of an owner's lien
27 and no owner's lien shall be enforced by public or private sale of an
28 occupant's goods during the COVID-19 state disaster emergency declared
29 pursuant to executive order number two hundred two of two thousand twen-
30 ty.
31 § 3. This act shall take effect immediately.
