Bill Text: NY A09929 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires notice of enforcement of a lien on goods in a self-storage facility to be sent to an emergency contact designated by the occupant in a manner similar to the occupant; requires notice to update information on occupancy agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-26 - referred to judiciary [A09929 Detail]
Download: New_York-2023-A09929-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9929 IN ASSEMBLY April 26, 2024 ___________ 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 requiring notice of enforcement of a lien on goods in a self-storage facility to be sent to the emergency contact designated in the occupancy agreement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 182 of the lien law is amended by 2 adding a new paragraph (i) to read as follows: 3 (i) "Emergency contact" shall mean any person designated by the occu- 4 pant in the occupancy agreement to receive notice issued pursuant to 5 this section. 6 § 2. Paragraph (i) of subdivision 2 of section 182 of the lien law, as 7 amended by chapter 424 of the laws of 2019, is amended to read as 8 follows: 9 (i) name and address of owner [and], occupant, and emergency contact, 10 and electronic mail address of owner and occupant should the occupant 11 choose to be contacted via electronic mail; 12 § 3. Paragraph (c) of subdivision 2 of section 182 of the lien law, as 13 amended by chapter 424 of the laws of 2019, is amended to read as 14 follows: 15 (c) Every occupancy agreement as required by this section shall 16 contain the following conspicuous notices: (i) "Notice: The monthly 17 occupancy charge and other charges stated in this agreement are the 18 actual charges you must pay"; (ii) "Notice: You may choose to be 19 contacted for legal matters related to late or lien notices, via elec- 20 tronic mail by providing your electronic mail address in at least two 21 locations within the occupancy agreement"; (iii) "Notice: Keep your 22 occupancy agreement up-to-date with any changes to your address and/or 23 electronic mail address, where appropriate, and the contact information 24 for your emergency contact, to ensure you receive any late or lien 25 notices". 26 § 4. Subdivision 7 of section 182 of the lien law, as amended by chap- 27 ter 424 of the laws of 2019, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13358-01-3A. 9929 2 1 7. Enforcement of lien. (a) An owner's lien may be enforced by public 2 or private sale of the occupant's goods that remain in the self-storage 3 facility, in block, or in parcel, at any time or place and on any terms 4 which are commercially reasonable after notice to all persons known to 5 claim an interest in the goods. The notice shall include an itemized 6 statement of the amount due, the description of the property subject to 7 the lien, the nature of the proposed sale, a demand for payment within a 8 specified time not less than thirty days from mailing of the notice and 9 a conspicuous statement that unless the claimant pays within that time 10 the goods will be advertised for sale and sold at public or private sale 11 in a commercially reasonable manner. The notice shall further include 12 the time and place of any public or private sale and it shall state that 13 any person claiming an interest in the goods is entitled to bring a 14 proceeding hereunder within ten days of the service of the notice if he 15 disputes the validity of the lien, or the amount claimed. The notice 16 shall be personally delivered to the occupant, or sent by registered or 17 certified mail to the occupant's last known address, or sent by verified 18 mail and electronic mail to the occupant's last known address. Any 19 notice made pursuant to this section and sent by verified mail shall be 20 sent to the last known address provided by the occupant, pursuant to the 21 occupancy agreement. Any notice made pursuant to this section and sent 22 by electronic mail shall only be effective if: (i) the occupancy agree- 23 ment states that the occupant has consented to receive late or lien 24 notices by electronic mail; and (ii) the occupant has provided the occu- 25 pant's electronic mail address in at least two locations within the 26 occupancy agreement. The notice shall also be sent to the emergency 27 contact designated by the occupant, either by personal delivery or sent 28 by registered or certified mail to the emergency contact's last known 29 address, or sent by verified mail and electronic mail to the emergency 30 contact's last known address. Any notice made pursuant to this section 31 shall be sent to the last known address provided by the occupant for the 32 emergency contact, pursuant to the occupancy agreement. 33 (b) Any notice given pursuant to this section is deemed delivered when 34 it is: (i) properly addressed to the last known address of the occupant 35 and the emergency contact, and (ii) either sent by registered, certified 36 or verified mail and evidence of mailing is received, or sent by elec- 37 tronic mail and either a non-automated response to the electronic mail 38 is received or a receipt of delivery to the electronic mail is received. 39 § 5. Owners of self-storage facilities shall obtain emergency contact 40 information for any occupant with an occupancy agreement in place prior 41 to this act taking effect. 42 § 6. This act shall take effect immediately.
