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Assembly Bill A3969

2019-2020 Legislative Session

Relates to notice for enforcement of a lien against a self-service storage facility

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Archive: Last Bill Status - In Assembly Committee

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2019-A3969 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11180
2021-2022: A2651
2023-2024: A4339
2025-2026: A4353

2019-A3969 (ACTIVE) - Summary

Relates to notice for enforcement of a lien against a self-service storage facility; requires a first notice to be delivered or sent within 30 days of the event that triggered the enforcement of the lien and the second notice to be sent within 45 days of such event and provides that public or private sale of the goods removed from the storage space may occur 60 days after such notification.

2019-A3969 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3969
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. HYNDMAN, RIVERA, RICHARDSON, CRESPO, GOTTFRIED,
   DICKENS, SIMON -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the lien law, in relation to notice for enforcement of a
   lien against 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 7 of section 182 of the lien law, as added by
 chapter 975 of the laws of 1983, is amended to read as follows:
   7. Enforcement of lien. An owner's lien may be enforced by  public  or
 private  sale of the goods that have been removed from the storage space
 at a self-service storage facility, in block, or in parcel, at any  time
 or place and on any terms which are commercially reasonable after notice
 to all persons known to claim an interest in the goods. The notice shall
 include  an itemized statement of the amount due, the description of the
 property subject to the lien, the nature of the proposed sale, a  demand
 for  payment within a specified time not less than [ten] SIXTY days from
 receipt of notification and a  conspicuous  statement  that  unless  the
 claimant pays within that time the goods will be advertised for sale and
 sold  at public or private sale in a commercially reasonable manner. The
 [notice] FIRST AND SECOND NOTICES shall further  include  the  time  and
 place  of  any public or private sale and it shall state that any person
 claiming an interest in the goods is  entitled  to  bring  a  proceeding
 hereunder  within [ten] SIXTY days of the service of the FIRST notice if
 he OR SHE disputes the validity of the lien, or the amount claimed.  The
 [notice]  FIRST  AND SECOND NOTICES shall be personally delivered to the
 occupant, or sent  by  registered  or  certified  mail,  return  receipt
 requested, to the occupant to the last address provided by the occupant,
 pursuant  to  the  occupancy  agreement  AND  AT LEAST ONE OTHER ADDRESS
 PROVIDED BY THE OCCUPANT TO THE OWNER, IF ANY. THE FIRST NOTICE SHALL BE
 PERSONALLY DELIVERED OR SENT IN ACCORDANCE WITH THIS SUBDIVISION  WITHIN
 THIRTY  DAYS OF THE EVENT THAT TRIGGERED THE ENFORCEMENT OF THE LIEN AND
 THE SECOND NOTICE SHALL BE PERSONALLY DELIVERED OR  SENT  IN  ACCORDANCE
 WITH THIS SUBDIVISION WITHIN FORTY-FIVE DAYS OF SUCH EVENT.
   § 2. This act shall take effect immediately.

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