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
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.
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.
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.
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
No co-sponsors yet.
History
- Substituted by A4766B
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1067
- 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.
Disclose Single-Family Lien Status
Signed by Governor · Sponsor David Buchwald
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.