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A03969 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
          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.
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