S T A T E O F N E W Y O R K
________________________________________________________________________
2216
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. SOLAGES, TAYLOR, DICKENS, D'URSO, MOSLEY, COOK,
JAFFEE, GOTTFRIED, BARRON, HYNDMAN, McDONOUGH, LAWRENCE -- Multi-Spon-
sored by -- M. of A. DenDEKKER, RAMOS -- read once and referred to the
Committee 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 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
MONTHLY OCCUPANCY CHARGE BETWEEN FIFTY AND ONE HUNDRED DOLLARS; (III)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04938-01-9
A. 2216 2
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.