S T A T E O F N E W Y O R K
________________________________________________________________________
2280--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred 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 adding certain notice
requirements for enforcing liens on goods in self-storage facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (a) and paragraph (c) of
subdivision 2 of section 182 of the lien law, as amended by chapter 424
of the laws of 2019, are amended and a new paragraph (d) is added to
read as follows:
(i) name and address of owner and occupant and electronic mail address
of owner and occupant should the occupant choose to be contacted via
electronic mail AND THE ACTIVE TELEPHONE NUMBER OF THE OCCUPANT;
(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, AND/OR TELEPHONE
NUMBER in at least two locations within the occupancy agreement"; (III)
"NOTICE: THE OWNER MUST ATTEMPT TO CONTACT YOU BY TELEPHONE TO NOTIFY
YOU OF THE MAILING OF ANY LEGAL MATTERS RELATED TO LIEN NOTICES".
(D) THE NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
(C) OF THIS SUBDIVISION SHALL USE THE ACTIVE TELEPHONE NUMBER PROVIDED
IN THE OCCUPANCY AGREEMENT. IT SHALL BE THE RESPONSIBILITY OF THE OCCU-
PANT TO NOTIFY THE OWNER OF THE REPLACEMENT OF THE ACTIVE TELEPHONE
NUMBER PURSUANT TO THE REQUIREMENTS OF THE OCCUPANCY AGREEMENT. THE
FAILURE OR REFUSAL OF THE OCCUPANT TO PROVIDE AN ACTIVE TELEPHONE NUMBER
OR REPLACEMENT NUMBER CONSTITUTES A WAIVER OF THE OCCUPANT'S RIGHT TO
HAVE THE OWNER ATTEMPT TO CONTACT THE OCCUPANT BY TELEPHONE AND DOES NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05693-02-5
A. 2280--A 2
AFFECT THE OWNER'S RIGHTS OR REMEDIES UNDER THIS ACT OR ANY OTHER
PROVISION OF LAW. IF OTHERWISE USED BY THE OWNER FOR BILLING, PAYMENT,
OR OTHER NOTIFICATION PURPOSES, A TEXT MESSAGE DELIVERED TO THE ACTIVE
TELEPHONE NUMBER PROVIDED IN THE OCCUPANCY AGREEMENT SHALL MEET THE
REQUIREMENTS OF SUBPARAGRAPH (III) OF PARAGRAPH (C) OF THIS SUBDIVISION.
§ 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as
amended by chapter 424 of the laws of 2019, is amended to read as
follows:
(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 adver-
tised 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 claim-
ing an interest in the goods is entitled to bring a proceeding hereunder
within ten days of the service of the notice if [he] SUCH PERSON
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, PROVIDED FURTHER, THAT IF THE OCCUPANT HAS PROVIDED
AN ACTIVE TELEPHONE NUMBER IN THE OCCUPANCY AGREEMENT, THE OWNER SHALL
MAKE AN ATTEMPT TO CONTACT THE OCCUPANT VIA THE LAST KNOWN TELEPHONE
NUMBER TO NOTIFY THE OCCUPANT OF THE MAILING OF SUCH NOTICE. IT SHALL BE
DEEMED AN ATTEMPT TO CONTACT THE OCCUPANT BY TELEPHONE IF THE OWNER HAS
CONTACTED THE LAST KNOWN TELEPHONE NUMBER OF THE OCCUPANT, INCLUDING
THROUGH TEXT MESSAGE. THE OWNER SHALL DOCUMENT THE DATE OF THE ATTEMPT
IN THE OCCUPANT'S FILE OR IN THE NOTICE MADE PURSUANT TO THIS PARAGRAPH.
Any notice made pursuant to this section and sent by electronic mail
shall only be effective if: (i) the occupancy agreement states that the
occupant has consented to receive late or lien notices by electronic
mail; and (ii) the occupant has provided the occupant's electronic mail
address in at least two locations within the occupancy agreement.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to occupancy agreements
entered into on or after such date.