NY State Senate Bill S41A

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2021	advanced to third reading
Feb 24, 2021	2nd report cal.
Feb 23, 2021	1st report cal.404
Feb 08, 2021	print number 41a
Feb 08, 2021	amend (t) and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

view votes

Feb 23, 2021 - Judiciary committee Vote

S41A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S41 - Details

See Assembly Version of this Bill:: A1423
Law Section:: Lien
Versions Introduced in 2019-2020 Legislative Session:: S9075, A11110

S41 - Summary

Enacts the "pandemic self-storage act" which prohibits owners of self-service storage facilities from enforcing a lien held upon personal property stored at a self-service storage facility; provides for repeal upon expiration thereof.

S41 - Sponsor Memo

 
BILL NUMBER: S41

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 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/selfstoragedctions- evic-
tions-rent-pandemic-new-york

 
PRIOR LEGISLATIVE HISTORY:

S.9075 of 2020 (Hoylman): Died in Rules
A.11110 of 2020 (Dinowitz): Died in Judiciary

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S41 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    41
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT in relation to enacting the "pandemic self-storage act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "pandemic self-storage act".
   § 2. Notwithstanding the provisions of article eight of the lien  law,
 no  owner of a self-service storage facility, as those terms are defined
 in section 182 of the lien law, shall enforce a lien held upon  personal
 property  stored at a self-service storage facility by public or private
 sale during the COVID-19 covered period.
   § 3. For the purposes of this act, the COVID-19 covered  period  shall
 include  March  7, 2020 through the end of the state of emergency in the
 state of New York plus one full year. For the purposes of this act,  the
 state  of  emergency  period includes, but is not limited to, any period
 referenced in executive order numbers 202, 202.8, 202.28 of 2020 and any
 other executive order that closed  or  otherwise  restricted  public  or
 private  businesses or places of public accommodation, or required post-
 ponement or cancellation of all non-essential gatherings of  individuals
 of  any size for any reason in response to the COVID-19 pandemic, within
 the state of New York.
   § 4. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02336-01-1

S41A (ACTIVE) - Details

See Assembly Version of this Bill:: A1423
Law Section:: Lien
Versions Introduced in 2019-2020 Legislative Session:: S9075, A11110

S41A (ACTIVE) - Summary

S41A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S41A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to enacting the "pandemic self-storage act"; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OF BILL:

To enact a moratorium on lien enforcement via public or private sale by
owners of self-service storage facilities.

 
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 prior to May 1, 2021.

Section 3 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/selfstoragedctions- evic-
tions-rent-pandemic-new-york

 
PRIOR LEGISLATIVE HISTORY:

S.9075 of 2020 (Hoylman): Died in Rules A.11110 of 2020 (Dinowitz):
Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S41A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   41--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  in  relation  to  enacting the "pandemic self-storage act"; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "pandemic self-storage act".
   § 2. Notwithstanding the provisions of article eight of the lien  law,
 no  owner of a self-service storage facility, as those terms are defined
 in section 182 of the lien law, shall enforce a lien held upon  personal
 property  stored at a self-service storage facility by public or private
 sale prior to May 1, 2021.
   § 3. This act shall take effect immediately, and shall expire  and  be
 deemed repealed May 1, 2021.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02336-02-1

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The New York State Senate

senate Bill S41A

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 23, 2021 - Judiciary committee Vote

Judiciary Committee Vote: Feb 23, 2021

Bill Amendments

S41 - Details

S41 - Summary

S41 - Sponsor Memo

S41 - Bill Text download pdf

S41A (ACTIVE) - Details

S41A (ACTIVE) - Summary

S41A (ACTIVE) - Sponsor Memo

S41A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S41A

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Sponsored By

Brad Hoylman

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 23, 2021 - Judiciary committee Vote

Judiciary Committee Vote: Feb 23, 2021

Bill Amendments

S41 - Details

S41 - Summary

S41 - Sponsor Memo

S41 - Bill Text download pdf

S41A (ACTIVE) - Details

S41A (ACTIVE) - Summary

S41A (ACTIVE) - Sponsor Memo

S41A (ACTIVE) - Bill Text download pdf

Comments