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A3189Assembly2017-2018 Session

Require Business Certification for Liens

Official title

“Provides before filing of a notice of lien, certification from county of filing authorizing lienor to conduct businesses set forth in notice must be attached”

Sponsor Andrew RaiaAD-12+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires contractors and similar parties to provide proof of county authorization when filing a notice of lien.

Why it matters

  1. Increases Accountability. By requiring contractors and related parties to provide proof that they are authorized to operate in the county, this bill aims to ensure only legitimate, credentialed professionals can file a lien—reducing the risk of fraudulent or unscrupulous actors using the lien process.

  2. Protects Property Owners. Property owners may benefit from an extra layer of protection, as liens can have serious financial and legal consequences. This requirement helps ensure that only those with verified local authorization can encumber a property.

  3. Administrative Impact. Contractors and other lienors will need to obtain and maintain up-to-date county certifications, potentially increasing their administrative burden. County clerks will also need to verify this documentation during lien filings, possibly affecting office procedures and processing times.

  4. Local Control and Standardization. The bill gives counties the authority to determine what constitutes valid authorization, which could lead to variation in requirements across counties but also allows for local oversight tailored to specific needs.

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Who cares

Headline styles

Require Business Certification for Liens

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew Raia

Assembly Member · Assembly District 12

History

  1. Held for consideration in judiciary
  2. Referred to judiciary
  3. Held for consideration in judiciary
  4. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3189

2017-2018 Regular Sessions

IN ASSEMBLY

January 27, 2017

Introduced by M. of A. RAIA, PALMESANO, FINCH -- Multi-Sponsored by -- M. of A. FITZPATRICK, McDONOUGH -- read once and referred to the Committee on Judiciary

AN ACT to amend the lien law, in relation to filing of notice of lien

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 10 of the lien law is amended by adding a new subdivision 3 to read as follows:

3. A county clerk shall not file or accept for filing a notice of lien, if said lienor is a contractor, sub-contractor, laborer or materialman or other person described in section three of this article, unless a certification duly authorizing the lienor to conduct such business within the county in such form authorized by the county is annexed to the notice of lien.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06867-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.