S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5626--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2017
                                ___________
 
 Introduced  by  Sens. HELMING, SAVINO -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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.
              

                                                            LBD10785-03-8

 S. 5626--A                          2
 
 MONTHLY  OCCUPANCY  CHARGE  BETWEEN FIFTY AND ONE HUNDRED DOLLARS; (III)
 TWENTY DOLLARS FOR A MONTHLY OCCUPANCY CHARGE BETWEEN  ONE  HUNDRED  AND
 TWO  HUNDRED  DOLLARS;  AND  (IV) THIRTY DOLLARS FOR A MONTHLY OCCUPANCY
 CHARGE  OF TWO HUNDRED DOLLARS OR GREATER. FOR PURPOSES OF PARAGRAPH (A)
 AND (B) OF THIS SUBDIVISION, A LATE FEE THAT DOES NOT EXCEED THE AMOUNTS
 AS DEFINED IN THIS PARAGRAPH FOR THE RELEVANT AMOUNT OF MONTHLY RENT  IS
 DEEMED REASONABLE AND DOES NOT CONSTITUTE A PENALTY.
   § 2. This act shall take effect immediately.