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Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities
(D) 10th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jun 06, 2024 | referred to judiciary delivered to assembly passed senate |
| May 16, 2024 | advanced to third reading |
| May 15, 2024 | 2nd report cal. |
| May 14, 2024 | 1st report cal.1092 |
| Jan 03, 2024 | referred to judiciary |
| May 16, 2023 | referred to judiciary |
See Assembly Version of this Bill: A8122 Current Committee: Assembly Judiciary Law Section: Lien Law Laws Affected: Amd §182, Lien L Versions Introduced in Other Legislative Sessions: 2019-2020: A11097
2021-2022: S6898, A662
Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities; extends the demand for payment period to 60 days.
BILL NUMBER: S6989 SPONSOR: SANDERS TITLE OF BILL: An act to amend the lien law, in relation to adding certain notice requirements for enforcing liens on goods in self-storage facilities PURPOSE: This legislation will require greater communication with the occupants of self-storage units whose belongings are at risk of being auctioned. SUMMARY OF SPECIFIC PROVISIONS: Section one amends subparagraph (i) of paragraph (a) and paragraph (c) of 2 subdivision 2 of section 182 of the lien law. Section two amends paragraph (a) of subdivision 7 of section 182 of the lien law. Section three establishes the effective date.
JUSTIFICATION: Many New Yorkers, particularly those who become homeless, rely on self storage facilities to keep their belongings until they can find stable housing. For some, the New York City Human Resources Administration temporarily pays for their storage, however, payment issues have contin- ually popped up, allowing the contents of these storage units to go up for auction, often without the occupant knowing. Even during the COVID19 pandemic when millions of people are struggling to pay their bills, the contents of hundreds of storage units are being auctioned off. Disposing of a person's belongings, including furniture, clothing, and documents like birth certificates and social security cards, will create another series of preventable setbacks that make it that much more difficult for them to get back on their feet. This legislation will ensure that any individual who falls behind on payments for their storage unit is provided adequate notice and a reasonable opportunity to arrange for payment before belongings are auctioned. LEGISLATIVE HISTORY: 2019-20: A.11097- Referred to Judiciary FISCAL IMPLICATIONS: Undetermined. EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6989 2023-2024 Regular Sessions I N S E N A T E May 16, 2023 ___________ Introduced by Sen. SANDERS -- 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 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: Section 1. Subparagraph (i) of paragraph (a) and paragraph (c) of subdivision 2 of section 182 of the lien law, as amended by chapter 424 of the laws of 2019, are amended to read as follows: (i) name and address of owner and occupant and electronic mail address of owner and occupant should the occupant choose to be contacted via electronic mail AND THE TELEPHONE NUMBER OF THE OCCUPANT SHOULD THE OCCUPANT CHOOSE TO BE CONTACTED VIA TELEPHONE; (c) Every occupancy agreement as required by this section shall contain the following conspicuous notices: (i) "Notice: The monthly occupancy charge and other charges stated in this agreement are the actual charges you must pay"; (ii) "Notice: You may choose to be contacted for legal matters related to late or lien notices, via elec- tronic mail OR VIA TELEPHONE by providing your electronic mail address, AND/OR TELEPHONE NUMBER in at least two locations within the occupancy agreement"; (III) "NOTICE: IF YOU CHOOSE TO PROVIDE YOUR TELEPHONE NUMBER, THE OWNER MUST ATTEMPT TO CONTACT YOU BY TELEPHONE TO NOTIFY YOU OF THE MAILING OF ANY LEGAL MATTERS RELATED TO LATE OR LIEN NOTICES". § 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as amended by chapter 424 of the laws of 2019, is amended to read as follows: (a) An owner's lien may be enforced by public or private sale of the occupant's goods that remain in the self-storage facility, in block, or in parcel, at any time or place and on any terms which are commercially reasonable after notice to all persons known to claim an interest in the 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. LBD09012-01-3
S. 6989 2 the description of the property subject to the lien, the nature of the proposed sale, a demand for payment within a specified time not less than [thirty] SIXTY days from mailing of the notice and a conspicuous statement that unless the claimant pays within that time the goods will be advertised for sale and sold at public or private sale in a commer- cially reasonable manner. The notice shall further include the time and place of any public or private sale and it shall state that any person claiming an interest in the goods is entitled to bring a proceeding hereunder within ten days of the service of the notice if he disputes the validity of the lien, or the amount claimed. The notice shall be personally delivered to the occupant, or sent by registered or certified mail to the occupant's last known address, or sent by verified mail and electronic mail to the occupant's last known address. Any notice made pursuant to this section and sent by verified mail shall be sent to the last known address provided by the occupant, pursuant to the occupancy agreement, PROVIDED FURTHER, THAT IF THE OCCUPANCY AGREEMENT STATES THAT THE OCCUPANT HAS CHOSEN TO BE CONTACTED VIA TELEPHONE AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, SUCH NOTICE SHALL NOT BE EFFECTIVE UNLESS THE OWNER MAKES REASONABLE ATTEMPTS TO CONTACT THE OCCUPANT VIA TELEPHONE TO NOTIFY THE OCCUPANT OF THE MAILING OF SUCH NOTICE. Any notice made pursuant to this section and sent by electronic mail shall only be effective if: (i) the occupancy agreement states that the occu- pant has consented to receive late or lien notices by electronic mail; and (ii) the occupant has provided the occupant's electronic mail address in at least two locations within the occupancy agreement. § 3. This act shall take effect immediately.
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