Bill Text: NY S05347 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-05-26 - PRINT NUMBER 5347A [S05347 Detail]

Download: New_York-2015-S05347-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5347
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2015
                                      ___________
       Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the lien law, in relation to notice of enforcement of  a
         lien
         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 four new paragraphs (f), (g), (h) and (i) to read as follows:
    3    (F)  "ELECTRONIC MAIL" SHALL MEAN AN ELECTRONIC MESSAGE OR AN EXECUTA-
    4  BLE PROGRAM OR COMPUTER FILE THAT CONTAINS AN IMAGE OF A MESSAGE THAT IS
    5  TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC TERMINALS.  SUCH
    6  TERM  SHALL  INCLUDE  ELECTRONIC MESSAGES THAT ARE TRANSMITTED WITHIN OR
    7  BETWEEN COMPUTER NETWORKS.
    8    (G) "LAST KNOWN ADDRESS" SHALL MEAN THE POSTAL ADDRESS  OR  ELECTRONIC
    9  MAIL ADDRESS PROVIDED BY THE OCCUPANT IN THE LATEST OCCUPANCY AGREEMENT,
   10  OR  THE  POSTAL ADDRESS OR ELECTRONIC MAIL ADDRESS PROVIDED BY THE OCCU-
   11  PANT IN A SUBSEQUENT WRITTEN NOTICE OF A CHANGE OF ADDRESS.
   12    (H) "VERIFIED MAIL" SHALL MEAN ANY METHOD OF MAILING THAT  IS  OFFERED
   13  BY  THE  UNITED  STATES  POSTAL SERVICE OR PRIVATE DELIVERY SERVICE THAT
   14  PROVIDES EVIDENCE OF MAILING.
   15    (I) "VERIFIED ELECTRONIC MAIL" MEANS ELECTRONIC MAIL THAT IS TRANSMIT-
   16  TED TO AN E-MAIL ADDRESS THAT THE OCCUPANT HAS VERIFIED AS  BEING  THEIR
   17  OPERABLE  E-MAIL  ADDRESS AND HAS EXPRESSLY ELECTED TO RECEIVE NOTICE BY
   18  ELECTRONIC MAIL TO THAT ADDRESS.
   19    S 2. Subdivision 7 of section 182 of the lien law, as added by chapter
   20  975 of the laws of 1983, is amended to read as follows:
   21    7. Enforcement of lien. (A) An owner's lien may be enforced by  public
   22  or  private  sale  of  the goods that have been removed from the storage
   23  space at a self-service storage facility, in block, or in parcel, at any
   24  time or place and on any terms which are commercially  reasonable  after
   25  notice  to  all  persons  known  to  claim an interest in the goods. The
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03797-01-5
       S. 5347                             2
    1  notice shall include an  itemized  statement  of  the  amount  due,  the
    2  description  of  the  property  subject  to  the lien, the nature of the
    3  proposed sale, a demand for payment within a  specified  time  not  less
    4  than  ten  days from receipt of notification and a conspicuous statement
    5  that unless the claimant pays within that time the goods will be  adver-
    6  tised  for  sale  and  sold  at public or private sale in a commercially
    7  reasonable manner. The notice shall further include the time  and  place
    8  of  any public or private sale and it shall state that any person claim-
    9  ing an interest in the goods is entitled to bring a proceeding hereunder
   10  within ten days of the service of the notice if he disputes the validity
   11  of the lien, or the amount  claimed.  The  notice  shall  be  personally
   12  delivered  to  the  occupant,  or sent by [registered or certified mail,
   13  return receipt requested,] VERIFIED MAIL OR VERIFIED ELECTRONIC MAIL  to
   14  the  [occupant  to  the]  OCCUPANT'S  last KNOWN address provided by the
   15  occupant, pursuant to the occupancy agreement.
   16    (B) ANY NOTICE MADE PURSUANT TO THIS SECTION SHALL BE PRESUMED  DELIV-
   17  ERED  WHEN  IT  IS  DEPOSITED  WITH  THE UNITED STATES POSTAL SERVICE OR
   18  PRIVATE DELIVERY SERVICE, AND PROPERLY ADDRESSED WITH POSTAGE PREPAID OR
   19  SENT BY VERIFIED ELECTRONIC MAIL TO THE OCCUPANT'S LAST KNOWN ADDRESS.
   20    S 3. This act shall take effect immediately.