What's happening
This bill increases the required notice period and number of notices before enforcing a lien on self-service storage unit contents.
Why it matters
Provides tenants with significantly more time (at least 60 days, up from 10) to respond to notices before their storage unit contents can be sold. , reducing the risk of people losing their belongings due to missed or delayed payments.
Requires that two separate notices be sent before any sale can occur, and mandates that these notices be sent to at least two addresses if the tenant has provided them,. improving the chances that tenants are actually informed about the impending lien enforcement.
Specifies deadlines for when each of the two required notices must be sent (the first within 30 days and the second within 45 days of the triggering event),. providing clearer rules for both storage facility owners and tenants, and potentially reducing disputes or litigation over improper notice.
Strengthens due process protections for storage unit renters by formally allowing them 60 days to dispute the lien’s validity or the amount owed,. giving tenants more opportunity to resolve issues before their possessions are sold.
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Who cares
Headline styles
Extend Storage Lien Notice Period
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3969
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. HYNDMAN, RIVERA, RICHARDSON, CRESPO, GOTTFRIED, DICKENS, SIMON -- read once and referred to the Committee on Judiciary
AN ACT to amend the lien law, in relation to notice for enforcement of a lien against self-service storage facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 182 of the lien law, as added by chapter 975 of the laws of 1983, is amended to read as follows:
7. Enforcement of lien. An owner's lien may be enforced by public or private sale of the goods that have been removed from the storage space at a self-service 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, 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 [ten] sixty days from receipt of notification 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 commercially reasonable manner. The [notice] first and second notices 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] sixty days of the service of the first notice if he or she disputes the validity of the lien, or the amount claimed. The [notice] first and second notices shall be personally delivered to the occupant, or sent by registered or certified mail, return receipt requested, to the occupant to the last address provided by the occupant, pursuant to the occupancy agreement and at least one other address provided by the occupant to the owner, if any. The first notice shall be personally delivered or sent in accordance with this subdivision within thirty days of the event that triggered the enforcement of the lien and the second notice shall be personally delivered or sent in accordance with this subdivision within forty-five days of such event.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06262-01-9
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.