S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9960

                          I N  A S S E M B L Y

                              June 3, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Titone) --
  read once and referred to the Committee on Judiciary

AN ACT to amend the lien law, in relation to notice of enforcement of  a
  lien

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 182 of the lien law is amended  by
adding four new paragraphs (f), (g), (h) and (i) to read as follows:
  (F)  "ELECTRONIC MAIL" SHALL MEAN AN ELECTRONIC MESSAGE OR AN EXECUTA-
BLE PROGRAM OR COMPUTER FILE THAT CONTAINS AN IMAGE OF A MESSAGE THAT IS
TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC TERMINALS.  SUCH
TERM  SHALL  INCLUDE  ELECTRONIC MESSAGES THAT ARE TRANSMITTED WITHIN OR
BETWEEN COMPUTER NETWORKS.
  (G) "LAST KNOWN ADDRESS" SHALL MEAN THE POSTAL ADDRESS  OR  ELECTRONIC
MAIL ADDRESS PROVIDED BY THE OCCUPANT IN THE LATEST OCCUPANCY AGREEMENT,
OR  THE  POSTAL ADDRESS OR ELECTRONIC MAIL ADDRESS PROVIDED BY THE OCCU-
PANT IN A SUBSEQUENT WRITTEN NOTICE OF A CHANGE OF ADDRESS.
  (H) "VERIFIED MAIL" SHALL MEAN ANY METHOD OF MAILING THAT  IS  OFFERED
BY  THE  UNITED  STATES  POSTAL SERVICE OR PRIVATE DELIVERY SERVICE THAT
PROVIDES EVIDENCE OF MAILING.
  (I) "VERIFIED ELECTRONIC MAIL" MEANS ELECTRONIC MAIL THAT IS TRANSMIT-
TED TO AN E-MAIL ADDRESS THAT THE OCCUPANT HAS VERIFIED AS  BEING  THEIR
OPERABLE  E-MAIL  ADDRESS AND HAS EXPRESSLY ELECTED TO RECEIVE NOTICE BY
ELECTRONIC MAIL TO THAT ADDRESS.
  S 2. Subdivision 7 of section 182 of the lien law, as added by chapter
975 of the laws of 1983, is amended to read as follows:
  7. Enforcement of lien. (A) An owner's lien may be enforced by  public
or  private  sale  of  the goods that have been removed from the storage
space at a self-service storage facility, in block, or in parcel, at any
time or place and on any terms which are commercially  reasonable  after
notice  to  all  persons  known  to  claim an interest in the goods. The
notice shall include an  itemized  statement  of  the  amount  due,  the
description  of  the  property  subject  to  the lien, the nature of the
proposed sale, a demand for payment within a  specified  time  not  less

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15283-01-4

A. 9960                             2

than  ten  days from receipt of notification and a conspicuous statement
that unless the claimant pays within that time the goods will be  adver-
tised  for  sale  and  sold  at public or private sale in a commercially
reasonable  manner.  The notice shall further include the time and place
of any public or private sale and it shall state that any person  claim-
ing an interest in the goods is entitled to bring a proceeding hereunder
within ten days of the service of the notice if he disputes the validity
of  the  lien,  or  the  amount  claimed. The notice shall be personally
delivered to the occupant, or sent by  [registered  or  certified  mail,
return  receipt requested,] VERIFIED MAIL OR VERIFIED ELECTRONIC MAIL to
the [occupant to the] OCCUPANT'S last  KNOWN  address  provided  by  the
occupant, pursuant to the occupancy agreement.
  (B)  ANY NOTICE MADE PURSUANT TO THIS SECTION SHALL BE PRESUMED DELIV-
ERED WHEN IT IS DEPOSITED WITH  THE  UNITED  STATES  POSTAL  SERVICE  OR
PRIVATE DELIVERY SERVICE, AND PROPERLY ADDRESSED WITH POSTAGE PREPAID OR
SENT BY VERIFIED ELECTRONIC MAIL TO THE OCCUPANT'S LAST KNOWN ADDRESS.
  S 3. This act shall take effect immediately.