Relates to notice for enforcement of a lien against a self-service storage facility; requires a first notice to be delivered or sent within 30 days of the event that triggered the enforcement of the lien and the second notice to be sent within 45 days of such event and provides that public or private sale of the goods removed from the storage space may occur 60 days after such notification.
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 Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 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 7. Enforcement of lien. An owner's lien may be enforced by public or
4 private sale of the goods that have been removed from the storage space
5 at a self-service storage facility, in block, or in parcel, at any time
6 or place and on any terms which are commercially reasonable after notice
7 to all persons known to claim an interest in the goods. The notice shall
8 include an itemized statement of the amount due, the description of the
9 property subject to the lien, the nature of the proposed sale, a demand
10 for payment within a specified time not less than [ten] sixty days from
11 receipt of notification and a conspicuous statement that unless the
12 claimant pays within that time the goods will be advertised for sale and
13 sold at public or private sale in a commercially reasonable manner. The
14 [notice] first and second notices shall further include the time and
15 place of any public or private sale and it shall state that any person
16 claiming an interest in the goods is entitled to bring a proceeding
17 hereunder within [ten] sixty days of the service of the first notice if
18 he or she disputes the validity of the lien, or the amount claimed. The
19 [notice] first and second notices shall be personally delivered to the
20 occupant, or sent by registered or certified mail, return receipt
21 requested, to the occupant to the last address provided by the occupant,
22 pursuant to the occupancy agreement and at least one other address
23 provided by the occupant to the owner, if any. The first notice shall be
24 personally delivered or sent in accordance with this subdivision within
25 thirty days of the event that triggered the enforcement of the lien and
26 the second notice shall be personally delivered or sent in accordance
27 with this subdivision within forty-five days of such event.
28 § 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
