Bill Text: NY A08122 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities; extends the demand for payment period to 60 days.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A08122 Detail]
Download: New_York-2023-A08122-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8122 2023-2024 Regular Sessions IN ASSEMBLY October 13, 2023 ___________ Introduced by M. of A. L. 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. LBD09012-01-3A. 8122 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 disputes 10 the validity of the lien, or the amount claimed. The notice shall be 11 personally delivered to the occupant, or sent by registered or certified 12 mail to the occupant's last known address, or sent by verified mail and 13 electronic mail to the occupant's last known address. Any notice made 14 pursuant to this section and sent by verified mail shall be sent to the 15 last known address provided by the occupant, pursuant to the occupancy 16 agreement, provided further, that if the occupancy agreement states that 17 the occupant has chosen to be contacted via telephone as set forth in 18 subdivision two of this section, such notice shall not be effective 19 unless the owner makes reasonable attempts to contact the occupant via 20 telephone to notify the occupant of the mailing of such notice. Any 21 notice made pursuant to this section and sent by electronic mail shall 22 only be effective if: (i) the occupancy agreement states that the occu- 23 pant has consented to receive late or lien notices by electronic mail; 24 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.
