NY State Senate Bill 2023-S8590

Senate Bill S8590

2023-2024 Legislative Session

Requires notice of enforcement of a lien on goods in a self-storage facility to be sent to an emergency contact designated by the occupant

download bill text pdf

Current Bill Status - In Senate Committee Judiciary 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
Feb 16, 2024	referred to judiciary

2023-S8590 (ACTIVE) - Details

See Assembly Version of this Bill:: A9929
Current Committee:: Senate Judiciary
Law Section:: Lien Law
Laws Affected:: Amd §182, Lien L

2023-S8590 (ACTIVE) - Summary

Requires notice of enforcement of a lien on goods in a self-storage facility to be sent to an emergency contact designated by the occupant in a manner similar to the occupant; requires notice to update information on occupancy agreement.

2023-S8590 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8590

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the lien law, in relation to requiring notice of
enforcement of a lien on goods in a self-storage facility to be sent to
the emergency contact designated in the occupancy agreement

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new paragraph to Subdivision 1 of section 182 of the
Lien Law to read "'Emergency contact' shall mean any person designated
by the occupant in the occupancy agreement to receive notice issued
pursuant to this section."

Section 2. Amends Paragraph (i) of Subdivision 2 of section 182 of the
Lien law to include "emergency contact" when filling for occupancy in a
storage facility.

Section 3. Amends Paragraph (c) of Subdivision 2 of section 182 of the
Lien Law to include a conspicuous notice informing the occupant to keep
their occupancy agreement up-to-date and to make necessary changes where

appropriate as to allow the effective communication of late or lien
notices.

Section 4. Amends Subdivision 7 of section 182 of the Lien Law to
include the ensuring that, in the event a notice is given, that it is
extended to the emergency contact, designated by the occupant, either by
personal delivery or by registered or certified mail to the emergency
contact's last known address, or set by verified mail and electronic
mail to the emergency contact's last known address, pursuant to the
occupancy agreement.

 
JUSTIFICATION:

Providing additional security to an individual's property kept in a
self-storage facility in the event they are indisposed or expired or
otherwise. This bill would ensure that an emergency contact is notified
if a lien is placed on an occupant's property and that person is unable
to properly manage, claim, or otherwise handle the items occupying that
space.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

There are no significant fiscal implications related to this bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8590 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8590
 
                             I N  S E N A T E
 
                             February 16, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  requiring  notice  of
   enforcement  of  a lien on goods in a self-storage facility to be sent
   to the emergency contact designated in the occupancy agreement

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 182 of the lien law is amended by
 adding a new paragraph (i) to read as follows:
   (I) "EMERGENCY CONTACT" SHALL MEAN ANY PERSON DESIGNATED BY THE  OCCU-
 PANT  IN  THE  OCCUPANCY  AGREEMENT TO RECEIVE NOTICE ISSUED PURSUANT TO
 THIS SECTION.
   § 2. Paragraph (i) of subdivision 2 of section 182 of the lien law, as
 amended by chapter 424 of the laws  of  2019,  is  amended  to  read  as
 follows:
   (i)  name and address of owner [and], occupant, AND EMERGENCY CONTACT,
 and electronic mail address of owner and occupant  should  the  occupant
 choose to be contacted via electronic mail;
   § 3. Paragraph (c) of subdivision 2 of section 182 of the lien law, as
 amended  by  chapter  424  of  the  laws  of 2019, is amended to read as
 follows:
   (c) Every occupancy  agreement  as  required  by  this  section  shall
 contain  the  following  conspicuous  notices:  (i) "Notice: The monthly
 occupancy charge and other charges stated  in  this  agreement  are  the
 actual  charges  you  must  pay";  (ii)  "Notice:  You  may choose to be
 contacted for legal matters related to late or lien notices,  via  elec-
 tronic  mail  by  providing your electronic mail address in at least two
 locations within the occupancy  agreement";  (III)  "NOTICE:  KEEP  YOUR
 OCCUPANCY  AGREEMENT  UP-TO-DATE WITH ANY CHANGES TO YOUR ADDRESS AND/OR
 ELECTRONIC MAIL ADDRESS, WHERE APPROPRIATE, AND THE CONTACT  INFORMATION
 FOR  YOUR  EMERGENCY  CONTACT,  TO  ENSURE  YOU RECEIVE ANY LATE OR LIEN
 NOTICES".
   § 4. Subdivision 7 of section 182 of the lien law, as amended by chap-
 ter 424 of the laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13358-01-3
 S. 8590                             2
 
   7. Enforcement of lien. (a) An owner's lien may be enforced by  public
 or  private sale of the occupant's goods that remain in the self-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 thirty days from mailing of the notice 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 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 days of the service of the notice if he
 disputes the validity of the lien, or the  amount  claimed.  The  notice
 shall  be personally delivered to the occupant, or sent by registered or
 certified mail to the occupant's last known address, or sent by verified
 mail and electronic mail to  the  occupant's  last  known  address.  Any
 notice  made pursuant to this section and sent by verified mail shall be
 sent to the last known address provided by the occupant, pursuant to the
 occupancy agreement. Any notice made pursuant to this section  and  sent
 by  electronic mail shall only be effective if: (i) the occupancy agree-
 ment states that the occupant has consented  to  receive  late  or  lien
 notices by electronic mail; and (ii) the occupant has provided the occu-
 pant's  electronic  mail  address  in  at least two locations within the
 occupancy agreement.  THE NOTICE SHALL ALSO BE  SENT  TO  THE  EMERGENCY
 CONTACT  DESIGNATED BY THE OCCUPANT, EITHER BY PERSONAL DELIVERY OR SENT
 BY REGISTERED OR CERTIFIED MAIL TO THE EMERGENCY  CONTACT'S  LAST  KNOWN
 ADDRESS,  OR  SENT BY VERIFIED MAIL AND ELECTRONIC MAIL TO THE EMERGENCY
 CONTACT'S LAST KNOWN ADDRESS. ANY NOTICE MADE PURSUANT TO  THIS  SECTION
 SHALL BE SENT TO THE LAST KNOWN ADDRESS PROVIDED BY THE OCCUPANT FOR THE
 EMERGENCY CONTACT, PURSUANT TO THE OCCUPANCY AGREEMENT.
   (b) Any notice given pursuant to this section is deemed delivered when
 it  is: (i) properly addressed to the last known address OF THE OCCUPANT
 AND THE EMERGENCY CONTACT, and (ii) either sent by registered, certified
 or verified mail and evidence of mailing is received, or sent  by  elec-
 tronic  mail  and either a non-automated response to the electronic mail
 is received or a receipt of delivery to the electronic mail is received.
   § 5. Owners of self-storage facilities shall obtain emergency  contact
 information  for any occupant with an occupancy agreement in place prior
 to this act taking effect.
   § 6. This act shall take effect immediately.

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