BILL NUMBER: S9075

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to enacting the "pandemic self-storage act"

 
PURPOSE OF BILL:

To enact a moratorium on lien enforcement via public or private sale by
owners of self-service storage facilities for the duration of the
COVID-19 covered period.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 of the bill prohibits the owner of a self-service storage
facility from enforcing a lien held upon personal property stored at
such a facility by public or private sale during the COVID-19 covered
period, notwithstanding the provisions of Article 8 of the Lien Law.
              

Section 3 of the bill defines the COVID-19 covered period.

Section 4 of the bill provides the effective date.

 
JUSTIFICATION:

Under Section 182 of New York's Lien Law, self-service storage facility
owners have a lien upon all personal property stored at such facilities
for occupancy fees and other charges. If a customer fails to pay the
facility the agreed-upon fee, the owner may enforce the lien by public
or private sale of the customer's personal property being stored at the
facility.

In the midst of the COVID-19 pandemic, which triggered high levels of
unemployment and home instability, thousands of New Yorkers risk loss of
their possessions in the coming months as self-service storage companies
begin to enforce their liens on customer's property.

This bill would protect New Yorkers' personal belongings by prohibiting
self-service storage facility owners from enforcing liens on customers'
property by means of public or private sale for the duration of the
COVID-19 State of Emergency plus an additional year.  Recent reporting
by The City noted that the self-service storage industry has been
extremely profitable amid the COVID-19 pandemic.  
1

 
1 Goldensohn, Rosa. "There's No Eviction Moratorium on NYC Storage
Units. Now the Contents of Hundreds are Being Auctioned Off." The City,
Oct. 26, 2020. Available at:
https://www.thecity.nyc/2020/10/26/21535328/selfstorage-auctions- evic-
tions-rent-pandemic-new-york

 
PRIOR LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.