Bill Text: NY A07155 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to reasonable late fees included in a lien on the goods in a self-service storage facility.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2018-02-21 - print number 7155a [A07155 Detail]

Download: New_York-2017-A07155-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7155--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2017
                                       ___________
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Judiciary -- recommitted  to  the  Committee  on  Judiciary  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to  amend  the  lien  law,  in relation to reasonable late fees
          included in a lien on the goods in a self-service storage facility
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 6 of section 182 of the lien law, as added by
     2  chapter 975 of the laws of 1983, is amended to read as follows:
     3    6. Lien. (a) The owner of a self-service storage facility has  a  lien
     4  upon all personal property stored at a self-service storage facility for
     5  occupancy  fees,  reasonable  late  fees  or  other  charges, present or
     6  future, in relation to the personal property and for expenses  necessary
     7  for  its  preservation  or  expenses  reasonably incurred in its sale or
     8  other disposition pursuant to law and any other charges pursuant to  the
     9  occupancy  agreement.  The lien provided for in this section is superior
    10  to any other lien or security interest. The lien attaches as of the date
    11  the personal property is brought to the self-service storage facility.
    12    (b) Subject to paragraph (c) of this subdivision,  a  reasonable  late
    13  fee  may  be  imposed  and  collected by an owner for each month that an
    14  occupant does not pay occupancy fees when due under an occupancy  agree-
    15  ment. However, no late fee shall be imposed or collected if the occupant
    16  makes a monthly occupancy payment in full by the tenth day after the due
    17  date under the occupancy agreement.
    18    (c)  No  late  fee  may be collected pursuant to paragraph (a) of this
    19  subdivision unless the amount of the late fee and conditions for  impos-
    20  ing the late fee are stated in the occupancy agreement.  No monthly late
    21  fee  shall  exceed  the following amounts: (i) ten dollars for a monthly
    22  occupancy charge of fifty dollars or less; (ii) fifteen  dollars  for  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10785-02-8
        A. 7155--A                          2
     1  monthly  occupancy  charge  between fifty and one hundred dollars; (iii)
     2  twenty dollars for a monthly occupancy charge between  one  hundred  and
     3  two  hundred  dollars;  and  (iv) thirty dollars for a monthly occupancy
     4  charge  of two hundred dollars or greater. For purposes of paragraph (a)
     5  and (b) of this subdivision, a late fee that does not exceed the amounts
     6  as defined in this paragraph for the relevant amount of monthly rent  is
     7  deemed reasonable and does not constitute a penalty.
     8    § 2. This act shall take effect immediately.