Senate Bill S5211A

Signed By Governor
2019-2020 Legislative Session

Relates to notice of enforcement of a lien on the goods in a self-storage facility

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2019-S5211 - Details

See Assembly Version of this Bill:
A6556
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L

2019-S5211 - Summary

Relates to notice of enforcement of a lien on the goods in a self-storage facility.

2019-S5211 - Sponsor Memo

2019-S5211 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5211
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the lien law, in relation to notice of enforcement of  a
   lien on the goods in a self-storage facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivisions  1,  2,  6  and  7  of
 section  182  of  the  lien  law, as added by chapter 975 of the laws of
 1983, are amended to read as follows:
   [Self-service storage] SELF-STORAGE facilities; lien. 1.  Definitions.
 As used in this article:
   (a)  ["Self-service  storage]  "SELF-STORAGE  facility" means any real
 property or a portion thereof that is designed and used for the  purpose
 of  occupying  storage space by occupants who are to have access thereto
 for the purpose of storing and removing personal property. The owner  of
 a [self-service storage] SELF-STORAGE facility shall not be deemed to be
 a  warehouseman  as  defined  in  the uniform commercial code. Except as
 provided in paragraph (b) of this subdivision, if an  owner  issues  any
 warehouse  receipt,  bill  of lading, or other document of title for the
 personal property stored, the owner and the occupant are subject to  the
 provisions  of  the  uniform  commercial code and the provisions of this
 section shall not be applicable.
   (b) "Owner" means a person, partnership or corporation which  operates
 a  [self-service  storage] SELF-STORAGE facility, an agent, or any other
 person authorized by the owner to manage  the  facility  or  to  receive
 storage fees from an occupant under an occupancy agreement. A warehouse-
 man may be an owner to the extent that any part of the building is oper-
 ated as a [self-service storage] SELF-STORAGE facility.
   (c)  "Occupant"  means  a  person,  entitled to the use of the storage
 space at a [self-service storage] SELF-STORAGE facility under a  written
 occupancy  agreement  or  his successor or assignee, to the exclusion of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S5211A (ACTIVE) - Details

See Assembly Version of this Bill:
A6556
Law Section:
Lien Law
Laws Affected:
Amd §182, Lien L

2019-S5211A (ACTIVE) - Summary

Relates to notice of enforcement of a lien on the goods in a self-storage facility.

2019-S5211A (ACTIVE) - Sponsor Memo

2019-S5211A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5211--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the lien law, in relation to notice of enforcement of a
   lien on the goods in a self-storage facility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  section  heading  and  subdivisions 1, 2, 6 and 7 of
 section 182 of the lien law, as added by chapter  975  of  the  laws  of
 1983, are amended to read as follows:
   [Self-service  storage] SELF-STORAGE facilities; lien. 1. Definitions.
 As used in this article:
   (a) ["Self-service storage] "SELF-STORAGE  facility"  means  any  real
 property  or a portion thereof that is designed and used for the purpose
 of occupying storage space by occupants who are to have  access  thereto
 for  the purpose of storing and removing personal property. The owner of
 a [self-service storage] SELF-STORAGE facility shall not be deemed to be
 a warehouseman as defined in the  uniform  commercial  code.  Except  as
 provided  in  paragraph  (b) of this subdivision, if an owner issues any
 warehouse receipt, bill of lading, or other document of  title  for  the
 personal  property stored, the owner and the occupant are subject to the
 provisions of the uniform commercial code and  the  provisions  of  this
 section shall not be applicable.
   (b)  "Owner" means a person, partnership or corporation which operates
 a [self-service storage] SELF-STORAGE facility, an agent, or  any  other
 person  authorized  by  the  owner  to manage the facility or to receive
 storage fees from an occupant under an occupancy agreement. A warehouse-
 man may be an owner to the extent that any part of the building is oper-
 ated as a [self-service storage] SELF-STORAGE facility.
   (c) "Occupant" means a person, entitled to  the  use  of  the  storage
 space  at a [self-service storage] SELF-STORAGE facility under a written
 occupancy agreement or his successor or assignee, to  the  exclusion  of
 
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.