What's happening
This bill gives campground owners a legal lien on guests' recreational vehicles for unpaid fees, allowing them to enforce payment and sell the vehicles if necessary.
Why it matters
Creates a new legal tool for campground owners. , allowing them to place a lien on a guest’s recreational vehicle for unpaid fees. This means owners can use the vehicle as collateral to enforce payment, which could deter nonpayment and reduce financial risk for campgrounds.
Establishes clear notification and procedural requirements. before a campground owner can act on the lien, including a 30-day default period, written notice, and a 15-day demand for payment. This provides guests with due process and an opportunity to resolve the debt before losing their vehicle.
Expands what can be collected beyond just campsite fees. the lien can cover store, marina, or similar on-site charges, as well as costs associated with enforcing the lien, making it comprehensive and potentially increasing the financial consequences for delinquent guests.
Includes consumer protections and dispute options. , such as requiring the occupancy agreement to clearly warn guests about this risk, and informing guests of their right to legally challenge the lien’s validity or amount, which may help prevent abuse and safeguard guest rights.
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Who cares
Campground owners and operators
The bill would give them a lien on recreational vehicles for unpaid occupancy fees, other covered charges and reasonable enforcement costs, subject to agreement and notice requirements.
Campground guests with recreational vehicles
Guests in default for thirty days could face removal and sale of their vehicles, but would receive notice, a payment demand and information on challenging the lien and retrieving personal property.
RV lenders and other lienholders
The bill would require certified-mail notice to lienholders listed on a vehicle’s title and anyone who has notified the campground owner of an interest in the property.
Headline styles
Allow Campground Owner's Liens
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Campgrounds Hold RVs
In Assembly Committee · Judiciary · Sponsor Addie Jenne
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
751
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. LITTLE -- 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 a campground owner's lien
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The lien law is amended by adding a new section 181 to read as follows:
§ 181. Campground owner's lien. 1. As used in this article:
(a) "Campground" means any parcel or tract of land, where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel or seasonal use.
(b) "Campground owner" means the owner or operator of a campground or an agent of such owner or operator.
(c) "Camping season" means the period of time that a campground is open for the purpose of allowing guests to occupy campsites during the course of a year.
(d) "Guest" means a person who enters into a written occupancy agreement with a campground owner to occupy a campsite.
(e) "Occupancy agreement" means any written agreement between a campground owner and guest that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a campsite.
(f) "Recreational vehicle" means a vehicle primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle.
2. A campground owner has a lien upon a recreational vehicle for occupancy fees and other charges that are set forth in an occupancy agreement, together with such other fees and charges that a guest may incur in a store, marina or similar facility owned or operated by the campground owner and the reasonable and actual costs incurred by the camp-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00297-01-7
S. 751 2
ground owner in enforcing a lien under this chapter, provided that such lien shall not extend to storage fees incurred after the end of a camping season or the date that a recreational vehicle is removed from a campsite pursuant to this section, whichever is earlier.
3. The provisions of this section shall not apply unless an occupancy agreement contains a clause alerting a guest that a default in the payment of occupancy fees and other charges for a period of thirty days may result in the campground owner taking possession of the guest's recreational vehicle and other personal property and selling same pursuant to the terms of article nine of this chapter.
4. A campground owner shall not exercise any of the rights and privileges under this section until a guest has been in default in the payment of occupancy fees and other charges for a period of thirty days, after which time the campground owner shall provide the guest with written notice served personally if such guest is occupying his or her recreational vehicle at the campground at the time of service or by ordinary mail and certified mail directed to the address contained in the occupancy agreement if such guest is not occupying his or her recreational vehicle at the time of service, which notice shall contain the following:
(a) a statement that the guest is in default for a period of thirty days or more under the terms and conditions of his or her occupancy agreement;
(b) the amount of such default;
(c) a demand for payment within fifteen days from the date that notice was mailed;
(d) a statement that, upon a failure to pay such amount, the guest's recreational vehicle and other property will be removed from his or her campsite and that the campground owner will commence proceedings to enforce its lien pursuant to the provisions of article nine of this chapter;
(e) a statement advising the guest that he or she may bring an action against the campground owner pursuant to section two hundred one-a of this chapter if he or she contests the validity or amount of the lien; and
(f) the times and dates that the guest may retrieve his or her recreational vehicle upon payment of the amount of the lien and/or other personal property belonging to the guest without payment of such amount. If such personal property remains unclaimed, it will be sold with the recreational vehicle pursuant to the provisions of article nine of this chapter.
5. A like notice shall be served by certified mail upon any person who shall have given to the lienor notice of an interest in the property subject to the lien or is listed as a lienholder upon the certificate of title of the recreational vehicle pursuant to the provisions of the vehicle and traffic law.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the lien law, in relation to a campground owner's lien
Purpose
Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges to the campground.
Summary of provisions
Section 1 - Creates a new section 181 of the lien law, which defines a campground, campground owner, campground season, guest, occupancy agreement and recreational vehicle. Further the bill provides for a lien against a recreational vehicle if a guest is in default in payment of occupancy fees and other charges for a period of 30 days. The campground owner is required to provide additional notice, served by certified mail, which advises that the guest is in default and his or her recreational vehicle will be removed from a campsite and that proceedings will be commenced to enforce a lien under article 9 of the lien law. The notice shall also provide the guest with notice to remove his or her personal property from the recreational vehicle prior to the time that it is sold pursuant to article 9. A similar notice shall be served upon lien holders.
Justification
In essence, a campground owner is no different than a garage keeper or self-service storage facility owner, who is entitled to a lien when a customer or occupant defaults under the terms of a storage contract or occupancy agreement. Campground owners are particularly susceptible when long-term guests fall behind in payments and abandon their recreational vehicles at the end of camping season. The remedies provided under the lien law is the only cost effective way for a campground owner to recoup his or her losses under these circumstances.
Legislative history
2015-16: S.1684-B Passed Senate; A.7012 Referred to Judiciary 2013-14: S.1007-A Referred to Judiciary; A.7308 Referred to Judiciary 2012: S.6968 Referred to Judiciary; A.9980 Referred to Judiciary
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.