NY State Senate Bill 2019-S9084

Senate Bill S9084

2019-2020 Legislative Session

Relates to prohibiting self-service facility owners from enforcing liens on personal property held in a self-storage facility during state disaster emergencies or states of emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 06, 2020	referred to rules

2019-S9084 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Lien Law
Laws Affected:: Amd §182, Lien L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6648
2023-2024: S4347
2025-2026: S5286

2019-S9084 (ACTIVE) - Summary

Prohibits self-service facility owners from enforcing liens, by private or public sale, on personal property held in a self-storage facility during state disaster emergencies or county states of emergency.

2019-S9084 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9084

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the lien law, in relation to prohibiting self-service
facility owners from enforcing liens on personal property held in a
self-storage facility during state disaster emergencies or county states
of emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect New Yorkers during a state of emergency from having their
items sold or auctioned off

 
SUMMARY OF SPECIFIC PROVISIONS:

Subdivision 7 of section 182 of the lien law is amended by 2 adding a
new paragraph (c) to

JUSTIFICATION:

COVID-19 has has taken the life of many New Yorkers and others around
the country. In addition to that we have also witnessed widespread unem-
ployment that has left many struggling to pay rent and keep food on the
table. With all of the issues that New Yorkers are facing, they should
not have to worry about their personal property being sold or auctioned
off because they are unable to make the payments.

Unpaid storage fees differ from most unpaid bills because under state
law, storage facilities are granted a lien on the belongings within
them. That means that storage companies have the right to auction
people's things off rather than simply ceasing services to customers who
cannot afford to pay rent and late fees. New Yorkers should not have to
worry about losing their possession, the focus should be on maintaining
their health and safety during these unprecedented times.  Currently,
personal property in storage facilities is not included in Governor
Cuomo's Executive Order on the Eviction Memortoriam. This legislation
will ensure that New Yorker's can prioritize their health and safety.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This law shall take effect immediately.

2019-S9084 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9084
 
                             I N  S E N A T E
 
                             November 6, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend the lien law, in relation to prohibiting self-service
   facility owners from enforcing liens on personal property  held  in  a
   self-storage  facility  during  state  disaster  emergencies or county
   states of emergency

   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 is amended by
 adding a new paragraph (c) to read as follows:
   (C) AN OWNER SHALL NOT ENFORCE A LIEN, BY PUBLIC OR PRIVATE SALE, HELD
 UPON PERSONAL PROPERTY STORED AT A SELF-SERVICE STORAGE FACILITY  DURING
 A  STATE DISASTER EMERGENCY, AS DESCRIBED IN SECTION TWENTY-EIGHT OF THE
 EXECUTIVE LAW, OR COUNTY STATE OF EMERGENCY,  AS  DESCRIBED  IN  SECTION
 TWENTY-FOUR OF THE EXECUTIVE LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17573-01-0

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