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.