S T A T E O F N E W Y O R K
I N S E N A T E
May 15, 2014
Introduced by Sen. LARKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the lien law, in relation to notice of enforcement of a
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.
S. 7576 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.