Assembly Bill A1496

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1496
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. JENNE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the lien law, in relation to 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:
   § 181. CAMPGROUND OWNER'S LIEN. 1. AS USED IN THIS ARTICLE:
   (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)  "CAMPING  SEASON"  MEANS  THE PERIOD OF TIME THAT A CAMPGROUND IS
 OPEN FOR THE PURPOSE OF ALLOWING GUESTS TO OCCUPY CAMPSITES  DURING  THE
 COURSE OF A YEAR.
   (D)  "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE-
 MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE.
   (E) "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A  CAMP-
 GROUND  OWNER  AND  GUEST THAT ESTABLISHES OR MODIFIES THE TERMS, CONDI-
 TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF
 A CAMPSITE.
   (F) "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
 ANOTHER VEHICLE.
   2. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR OCCU-
 PANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN AN  OCCUPANCY  AGREE-
 MENT,  TOGETHER  WITH SUCH OTHER FEES AND CHARGES THAT A GUEST MAY INCUR
 IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED  BY  THE  CAMP-
 GROUND  OWNER  AND THE REASONABLE AND ACTUAL COSTS INCURRED BY THE CAMP-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00297-01-7

 A. 1496                             2
 
 GROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER, PROVIDED THAT  SUCH
 LIEN  SHALL NOT EXTEND TO STORAGE FEES INCURRED AFTER THE END OF A CAMP-
 ING SEASON OR THE DATE THAT A RECREATIONAL VEHICLE  IS  REMOVED  FROM  A
 CAMPSITE PURSUANT TO THIS SECTION, WHICHEVER IS EARLIER.
   3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY UNLESS AN OCCUPANCY
 AGREEMENT CONTAINS A CLAUSE ALERTING A  GUEST  THAT  A  DEFAULT  IN  THE
 PAYMENT  OF OCCUPANCY FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS
 MAY RESULT IN THE CAMPGROUND OWNER  TAKING  POSSESSION  OF  THE  GUEST'S
 RECREATIONAL VEHICLE AND OTHER PERSONAL PROPERTY AND SELLING SAME PURSU-
 ANT TO THE TERMS OF ARTICLE NINE OF THIS CHAPTER.
   4.  A CAMPGROUND OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS AND PRIVI-
 LEGES UNDER THIS SECTION UNTIL A  GUEST  HAS  BEEN  IN  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 WRIT-
 TEN  NOTICE  SERVED  PERSONALLY  IF  SUCH  GUEST IS OCCUPYING HIS OR HER
 RECREATIONAL VEHICLE AT THE CAMPGROUND AT THE  TIME  OF  SERVICE  OR  BY
 ORDINARY  MAIL  AND  CERTIFIED MAIL DIRECTED TO THE ADDRESS CONTAINED IN
 THE OCCUPANCY AGREEMENT IF SUCH GUEST IS NOT OCCUPYING HIS OR HER RECRE-
 ATIONAL VEHICLE AT THE TIME OF SERVICE, WHICH NOTICE SHALL  CONTAIN  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;
   (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;
   (E)  A STATEMENT ADVISING THE GUEST THAT HE OR SHE MAY BRING AN ACTION
 AGAINST THE CAMPGROUND OWNER PURSUANT TO SECTION TWO  HUNDRED  ONE-A  OF
 THIS  CHAPTER  IF HE OR SHE CONTESTS THE VALIDITY OR AMOUNT OF THE LIEN;
 AND
   (F) THE TIMES AND DATES THAT THE GUEST MAY RETRIEVE HIS OR HER  RECRE-
 ATIONAL  VEHICLE  UPON  PAYMENT  OF  THE AMOUNT OF THE LIEN AND/OR OTHER
 PERSONAL PROPERTY BELONGING TO THE GUEST WITHOUT PAYMENT OF SUCH AMOUNT.
 IF SUCH PERSONAL PROPERTY REMAINS UNCLAIMED, IT WILL BE  SOLD  WITH  THE
 RECREATIONAL  VEHICLE PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THIS
 CHAPTER.
   5. A LIKE NOTICE SHALL BE SERVED BY CERTIFIED MAIL UPON ANY PERSON WHO
 SHALL HAVE GIVEN TO THE LIENOR NOTICE OF AN  INTEREST  IN  THE  PROPERTY
 SUBJECT TO THE LIEN OR IS LISTED AS A LIENHOLDER UPON THE CERTIFICATE OF
 TITLE  OF  THE  RECREATIONAL  VEHICLE  PURSUANT TO THE PROVISIONS OF THE
 VEHICLE AND TRAFFIC LAW.
   § 2. This act shall take effect immediately.