Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 21, 2018 |
print number 7155a |
Feb 21, 2018 |
amend and recommit to judiciary |
Jan 03, 2018 |
referred to judiciary |
Apr 10, 2017 |
referred to judiciary |
Assembly Bill A7155A
2017-2018 Legislative Session
Sponsored By
SOLAGES
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2017-A7155 - Details
2017-A7155 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7155 2017-2018 Regular Sessions I N A S S E M B L Y April 10, 2017 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the lien law, in relation to reasonable late fees included in a lien on the goods in a self-service storage facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 182 of the lien law, as added by chapter 975 of the laws of 1983, is amended to read as follows: 6. Lien. (A) The owner of a self-service storage facility has a lien upon all personal property stored at a self-service storage facility for occupancy fees, REASONABLE LATE FEES or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law and any other charges pursuant to the occupancy agreement. The lien provided for in this section is superior to any other lien or security interest. The lien attaches as of the date the personal property is brought to the self-service storage facility. (B) SUBJECT TO PARAGRAPH (C) OF THIS SUBDIVISION, A REASONABLE LATE FEE MAY BE IMPOSED AND COLLECTED BY AN OWNER FOR EACH MONTH THAT AN OCCUPANT DOES NOT PAY OCCUPANCY FEES WHEN DUE UNDER AN OCCUPANCY AGREE- MENT. HOWEVER, NO LATE FEE SHALL BE IMPOSED OR COLLECTED IF THE OCCUPANT MAKES A MONTHLY OCCUPANCY PAYMENT IN FULL BY THE TENTH DAY AFTER THE DUE DATE UNDER THE OCCUPANCY AGREEMENT. (C) NO LATE FEE MAY BE COLLECTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION UNLESS THE AMOUNT OF THE LATE FEE AND CONDITIONS FOR IMPOS- ING THE LATE FEE ARE STATED IN THE OCCUPANCY AGREEMENT. NO LATE FEE MAY EXCEED THE GREATER OF TWENTY DOLLARS OR TWENTY PERCENT OF THE MONTHLY OCCUPANCY CHARGE. FOR PURPOSES OF PARAGRAPHS (A) AND (B) OF THIS SUBDI- VISION, A LATE FEE OF THE GREATER OF EITHER TWENTY DOLLARS OR TWENTY PERCENT OF THE MONTHLY OCCUPANCY AGREEMENT IS DEEMED REASONABLE AND DOES NOT CONSTITUTE A PENALTY. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
Al Taylor
Inez E. Dickens
Anthony D'Urso
Walter T. Mosley
multi-Sponsors
Michael DenDekker
Philip Ramos
2017-A7155A (ACTIVE) - Details
2017-A7155A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7155--A 2017-2018 Regular Sessions I N A S S E M B L Y April 10, 2017 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Judiciary -- recommitted to the Committee on Judiciary in accordance 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 reasonable late fees included in a lien on the goods in a self-service storage facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 182 of the lien law, as added by chapter 975 of the laws of 1983, is amended to read as follows: 6. Lien. (A) The owner of a self-service storage facility has a lien upon all personal property stored at a self-service storage facility for occupancy fees, REASONABLE LATE FEES or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law and any other charges pursuant to the occupancy agreement. The lien provided for in this section is superior to any other lien or security interest. The lien attaches as of the date the personal property is brought to the self-service storage facility. (B) SUBJECT TO PARAGRAPH (C) OF THIS SUBDIVISION, A REASONABLE LATE FEE MAY BE IMPOSED AND COLLECTED BY AN OWNER FOR EACH MONTH THAT AN OCCUPANT DOES NOT PAY OCCUPANCY FEES WHEN DUE UNDER AN OCCUPANCY AGREE- MENT. HOWEVER, NO LATE FEE SHALL BE IMPOSED OR COLLECTED IF THE OCCUPANT MAKES A MONTHLY OCCUPANCY PAYMENT IN FULL BY THE TENTH DAY AFTER THE DUE DATE UNDER THE OCCUPANCY AGREEMENT. (C) NO LATE FEE MAY BE COLLECTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION UNLESS THE AMOUNT OF THE LATE FEE AND CONDITIONS FOR IMPOS- ING THE LATE FEE ARE STATED IN THE OCCUPANCY AGREEMENT. NO MONTHLY LATE FEE SHALL EXCEED THE FOLLOWING AMOUNTS: (I) TEN DOLLARS FOR A MONTHLY OCCUPANCY CHARGE OF FIFTY DOLLARS OR LESS; (II) FIFTEEN DOLLARS FOR A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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