Bill Text: NY S09610 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits the sale of goods that remain in a self-storage facility to enforce a lien by the facility through a public website, pursuant to notice requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO JUDICIARY [S09610 Detail]

Download: New_York-2023-S09610-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9610

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- 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 enforcement of liens by
          online sale of goods that remain in a storage facility

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

     1    Section 1. Subdivision 7 of section 182 of the lien law, as amended by
     2  chapter 424 of the laws of 2019, is amended to read as follows:
     3    7.  Enforcement of lien. (a) An owner's lien may be enforced by public
     4  or private sale of the occupant's goods that remain in the  self-storage
     5  facility,  in  block,  or  in  parcel,  at any time or place, whether in
     6  person or through a public website, and on any terms which  are  commer-
     7  cially reasonable after notice to all persons known to claim an interest
     8  in  the  goods.  The  notice  shall include an itemized statement of the
     9  amount due, the description of the property subject  to  the  lien,  the
    10  nature  of  the  proposed  sale, a demand for payment within a specified
    11  time not less than thirty days from mailing of the notice and a conspic-
    12  uous statement that unless the claimant pays within that time the  goods
    13  will  be  advertised  for  sale  and sold at public or private sale in a
    14  commercially reasonable manner. The notice  shall  further  include  the
    15  time and place, or the web address, of any public or private sale and it
    16  shall  state  that any person claiming an interest in the goods is enti-
    17  tled to bring a proceeding hereunder within ten days of the  service  of
    18  the  notice  if  [he disputes] they dispute the validity of the lien, or
    19  the amount claimed. The notice shall be: (i) personally delivered to the
    20  occupant, or (ii) sent by registered or certified mail to the occupant's
    21  last known address, or (iii) sent by verified mail and  electronic  mail
    22  to  the  occupant's last known address. Any notice made pursuant to this
    23  section and sent by verified mail  shall  be  sent  to  the  last  known
    24  address provided by the occupant, pursuant to the occupancy agreement.
    25    (b)  Any  notice  made pursuant to this section and sent by electronic
    26  mail shall only be effective if: (i) the occupancy agreement states that
    27  the occupant has consented to receive late or lien notices by electronic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15595-01-4
        S. 9610                             2

     1  mail; and (ii) the occupant has provided the occupant's electronic  mail
     2  address in at least two locations within the occupancy agreement.
     3    [(b)]  (c)  Any notice given pursuant to this section is deemed deliv-
     4  ered when it is[: (i)] properly addressed to the last known address, and
     5  [(ii)] either sent by (i) registered, certified  or  verified  mail  and
     6  evidence  of  mailing  is  received, or (ii) sent by electronic mail and
     7  either a non-automated response to the electronic mail is received or  a
     8  receipt of delivery to the electronic mail is received.
     9    (d)  Any sale is properly advertised pursuant to this subdivision when
    10  the advertisement is published: (i) in print in a newspaper  of  general
    11  circulation  in  the area where the self-storage facility is located, or
    12  (ii) on a publicly accessible website  that  regularly  advertises  such
    13  sales,  at  least ten days prior to the date of the sale. Any advertise-
    14  ment under this subdivision shall include the address of  the  self-sto-
    15  rage  facility,  the  name  of the tenant, and the date, time, place and
    16  manner of sale.
    17    (e) Notwithstanding any law, rule or regulation to  the  contrary,  if
    18  the property upon which the lien is claimed is a motor vehicle or water-
    19  craft  and rent and other charges related to the property are in default
    20  for sixty consecutive days, the owner may have the property towed. If  a
    21  motor  vehicle  or  watercraft is towed as authorized by this paragraph,
    22  the owner shall: (i) send, by verified or electronic mail to  the  occu-
    23  pant's  last  known  address, the name, address, and telephone number of
    24  the towing company that will perform the towing and the  street  address
    25  of  the  storage  facility where the towed property can be redeemed; and
    26  (ii) not be liable for the motor vehicle or watercraft or any damages to
    27  the motor vehicle or watercraft once the towing company takes possession
    28  of the property.
    29    § 2. This act shall take effect on the thirtieth day  after  it  shall
    30  have become a law.