Assembly Bill A2280A

                             
                     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.