assembly Bill A3411A

2015-2016 Legislative Session

Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2016 print number 3411a
May 25, 2016 amend (t) and recommit to judiciary
Jan 06, 2016 referred to judiciary
Jan 22, 2015 referred to judiciary

A3411 - Details

See Senate Version of this Bill:
S5347
Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9960, S7576
2017-2018: A6635, S4992

A3411 - Summary

Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility.

A3411 - Bill Text download pdf

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

                                  3411

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03797-01-5

A3411A (ACTIVE) - Details

See Senate Version of this Bill:
S5347
Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9960, S7576
2017-2018: A6635, S4992

A3411A (ACTIVE) - Summary

Provides for the delivery of a notice of enforcement of a lien upon a self-storage facility.

A3411A (ACTIVE) - Bill Text download pdf

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

                                 3411--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the lien law, in relation to notice of enforcement of  a
  lien on the goods in a self-storage facility

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

  Section 1.  The section heading and subdivisions 1,  2,  6  and  7  of
section  182  of  the  lien  law, as added by chapter 975 of the laws of
1983, are amended to read as follows:
  [Self-service storage] SELF-STORAGE facilities; lien. 1.  Definitions.
As used in this article:
  (a)  ["Self-service  storage]  "SELF-STORAGE  facility" means any real
property or a portion thereof that is designed and used for the  purpose
of  occupying  storage space by occupants who are to have access thereto
for the purpose of storing and removing personal property. The owner  of
a [self-service storage] SELF-STORAGE facility shall not be deemed to be
a  warehouseman  as  defined  in  the uniform commercial code. Except as
provided in paragraph (b) of this subdivision, if an  owner  issues  any
warehouse  receipt,  bill  of lading, or other document of title for the
personal property stored, the owner and the occupant are subject to  the
provisions  of  the  uniform  commercial code and the provisions of this
section shall not be applicable.
  (b) "Owner" means a person, partnership or corporation which  operates
a  [self-service  storage] SELF-STORAGE facility, an agent, or any other
person authorized by the owner to manage  the  facility  or  to  receive
storage fees from an occupant under an occupancy agreement. A warehouse-
man may be an owner to the extent that any part of the building is oper-
ated as a [self-service storage] SELF-STORAGE facility.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03797-05-6