A 2280: Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities.

  
  STATE OF NEW YORK ________________________________________________________________________ 2280 2025-2026 Regular Sessions  IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Judiciary AN ACT to amend the lien law, in relation to adding certain notice requirements for enforcing liens on goods in self-storage facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) and paragraph (c) of 2 subdivision 2 of section 182 of the lien law, as amended by chapter 424 3 of the laws of 2019, are amended to read as follows: 4 (i) name and address of owner and occupant and electronic mail address 5 of owner and occupant should the occupant choose to be contacted via 6 electronic mail and the telephone number of the occupant should the 7 occupant choose to be contacted via telephone; 8 (c) Every occupancy agreement as required by this section shall 9 contain the following conspicuous notices: (i) "Notice: The monthly 10 occupancy charge and other charges stated in this agreement are the 11 actual charges you must pay"; (ii) "Notice: You may choose to be 12 contacted for legal matters related to late or lien notices, via elec- 13 tronic mail or via telephone by providing your electronic mail address, 14 and/or telephone number in at least two locations within the occupancy 15 agreement"; (iii) "Notice: If you choose to provide your telephone 16 number, the owner must attempt to contact you by telephone to notify you 17 of the mailing of any legal matters related to late or lien notices". 18 § 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as 19 amended by chapter 424 of the laws of 2019, is amended to read as 20 follows: 21 (a) An owner's lien may be enforced by public or private sale of the 22 occupant's goods that remain in the self-storage facility, in block, or 23 in parcel, at any time or place and on any terms which are commercially 24 reasonable after notice to all persons known to claim an interest in the 25 goods. The notice shall include an itemized statement of the amount due, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05693-01-5 
 A. 2280 2 1 the description of the property subject to the lien, the nature of the 2 proposed sale, a demand for payment within a specified time not less 3 than [thirty] sixty days from mailing of the notice and a conspicuous 4 statement that unless the claimant pays within that time the goods will 5 be advertised for sale and sold at public or private sale in a commer- 6 cially reasonable manner. The notice shall further include the time and 7 place of any public or private sale and it shall state that any person 8 claiming an interest in the goods is entitled to bring a proceeding 9 hereunder within ten days of the service of the notice if [he] such 10 person disputes the validity of the lien, or the amount claimed. The 11 notice shall be personally delivered to the occupant, or sent by regis- 12 tered or certified mail to the occupant's last known address, or sent by 13 verified mail and electronic mail to the occupant's last known address. 14 Any notice made pursuant to this section and sent by verified mail shall 15 be sent to the last known address provided by the occupant, pursuant to 16 the occupancy agreement, provided further, that if the occupancy agree- 17 ment states that the occupant has chosen to be contacted via telephone 18 as set forth in subdivision two of this section, such notice shall not 19 be effective unless the owner makes reasonable attempts to contact the 20 occupant via telephone to notify the occupant of the mailing of such 21 notice. Any notice made pursuant to this section and sent by electronic 22 mail shall only be effective if: (i) the occupancy agreement states that 23 the occupant has consented to receive late or lien notices by electronic 24 mail; and (ii) the occupant has provided the occupant's electronic mail 25 address in at least two locations within the occupancy agreement. 26 § 3. This act shall take effect immediately.