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S5491Senate2019-2020 SessionSame asA4766

Disclose Single-Family Lien Status

Official title

“Relates to disclosing if the property subject to lien is real property improved or to be improved with a single family dwelling”

Sponsor Pete HarckhamSD-40Affects Legal
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A4766

What's happening

This bill requires lien notices to specify if the property is or will be improved with a single-family dwelling.

Why it matters

  1. Increases transparency for homeowners and contractors. by requiring lien notices to state clearly whether the property is or will be a single-family dwelling, helping all parties understand the nature of the property involved.

  2. Affects legal rights and protections. since single-family dwellings often have different rules, timelines, or protections under lien law compared to other types of property; specifying this can impact how disputes are resolved.

  3. May aid in preventing abuses or confusion. by making it harder for lien claimants to misrepresent or omit key property details, which could otherwise lead to delays, misfilings, or challenges for property owners.

  4. Facilitates better record-keeping and enforcement. for municipalities and title companies by making property type explicit on the public record, potentially reducing errors in property transactions and legal proceedings.

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Who cares

Headline styles

Disclose Single-Family Lien Status

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

Sponsors

Primary sponsor
Pete Harckham

Senator · Senate District 40

Chair, Alcoholism And Substance Abuse

No co-sponsors yet.

History

  1. Substituted by A4766B
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1067
  5. 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.

A4766Assembly

Disclose Single-Family Lien Status

Signed by Governor · Sponsor David Buchwald

Impact 3 · LowSigned into law

Full text

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

STATE OF NEW YORK

5491

2019-2020 Regular Sessions

IN SENATE

May 3, 2019

Introduced by Sen. HARCKHAM -- 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 disclosing if the property subject to lien is real property improved or to be improved with a single family dwelling

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

Section 1. Subdivision 7 of section 9 of the lien law, as amended by chapter 515 of the laws of 1929, is amended to read as follows:

7. The property subject to the lien, with a description thereof sufficient for identification; and if in a city or village, its location by street and number, if known; whether the property subject to the lien is (a) real property improved or to be improved with a single family dwelling or (b) not real property improved or to be improved with a single family dwelling. A failure to state the name of the true owner or contractor, or a misdescription of the true owner, shall not affect the validity of the lien. The notice must be verified by the lienor or his agent, to the effect that the statements therein contained are true to his knowledge except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD06722-04-9

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 disclos- ing if the property subject to lien is real property improved or to be improved with a single family dwelling

Purpose

The purpose of this bill is to make clear on the face of mechanics' lien whether the lien being filed is on a single family dwelling or not, as the renewal for liens differ depending on that fact.

Summary of provisions

Section 1 amends section 9 of the lien law by adding a new detail that must be included on the mechanics' lien documents filed in New York State, namely whether to lien is on real property improved or to be improved with a single family dwelling or not.

Section 2 sets the effective date.

Justification

The Mechanics' Lien Law as is currently written allows a contractor or somebody who supplied work, labor or materials to a projects, to file a lien against the property owner if their bill is unpaid. After the lien is filed on a single family home, the lien can only be foreclosed within one year of its filing date. For other property a lien lasts for a year, but then can be extended once and therefore can be foreclosed on before two years have passed. Lien documents currently filed are not required to distinguish between a single family dwelling or other property. This has opened the door for a lien to be filed on a single family home and then the assertion to be made that the lien can be extended into a second year, Requiring that mechanics' liens specify whether they are on a single family dwelling or not will ensure that liens filed in New York State are filed against the correct property classification and that New York families are better protected.

Legislative history

This is a new bill.

Fiscal implications

None to the State.

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.