S T A T E O F N E W Y O R K
________________________________________________________________________
7308
2013-2014 Regular Sessions
I N A S S E M B L Y
May 10, 2013
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the lien law, in relation to establishing a campground
owner's lien
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The lien law is amended by adding a new section 181 to
read as follows:
S 181. CAMPGROUND OWNER'S LIEN. 1. DEFINITIONS. AS USED IN THIS
SECTION:
(A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE
CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY LIVING QUARTERS FOR
RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE.
(B) "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR
AN AGENT OF SUCH OWNER OR OPERATOR.
(C) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE-
MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
(D) "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP-
GROUND OWNER AND A GUEST THAT ESTABLISHES OR MODIFIES THE TERMS, CONDI-
TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
A CAMPSITE.
(E) "RECREATIONAL VEHICLE" MEANS A VEHICLE PRIMARILY DESIGNED AS
TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR SEASONAL
USE THAT EITHER HAS ITS OWN MOTIVE POWER, OR IS MOUNTED ON OR TOWED BY A
MOTOR VEHICLE.
2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR
OCCUPANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN AN OCCUPANCY
AGREEMENT, TOGETHER WITH SUCH OTHER FEES AND CHARGES THAT A GUEST MAY
INCUR IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED BY THE
CAMPGROUND OWNER AND THE REASONABLE AND ACTUAL COSTS INCURRED BY THE
CAMPGROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER. A CAMPGROUND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01204-03-3
A. 7308 2
OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS AND PRIVILEGES UNDER THIS
SECTION UNTIL A GUEST HAS BEEN IN A DEFAULT IN THE PAYMENT OF OCCUPANCY
FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE
CAMPGROUND OWNER SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI-
FIED MAIL WHICH CONTAINS THE FOLLOWING:
(A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A PERIOD OF THIRTY
DAYS OR MORE UNDER THE TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY
AGREEMENT;
(B) THE AMOUNT OF SUCH DEFAULT;
(C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE
WAS MAILED; AND
(D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT, THE GUEST'S
RECREATIONAL VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER
CAMPSITE AND THAT THE CAMPGROUND OWNER WILL COMMENCE PROCEEDINGS TO
ENFORCE ITS LIEN PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THIS
CHAPTER.
SUCH NOTICE SHALL ALSO PROVIDE THE GUEST WITH TIMES AND DATES THAT HE
OR SHE MAY RETRIEVE HIS OR HER PERSONAL PROPERTY FROM THE RECREATIONAL
VEHICLE AND THAT SUCH PROPERTY SHALL BE DEEMED TO HAVE BEEN ABANDONED IF
NOT RETRIEVED PRIOR TO THE TIME AND DATE THAT THE RECREATIONAL VEHICLE
IS SOLD PURSUANT TO ARTICLE NINE OF THIS CHAPTER. THE LIEN PROVIDED FOR
IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST.
3. ENFORCEMENT OF LIEN. A CAMPGROUND OWNER'S LIEN SHALL BE ENFORCED IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER.
S 2. This act shall take effect immediately.