Assembly Bill A8438

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8438
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the transportation corporations law and the lien law, in
   relation  to permitting the town of Tuxedo to file liens on real prop-
   erty related to the towns sewage-works corporation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The transportation corporations law is amended by adding a
 new section 125 to read as follows:
   §  125.  SEWAGE-WORKS  CORPORATION LIENS. 1. (A) IF THERE SHALL BE ANY
 PAYMENTS WHICH ARE DUE TO A SEWAGE-WORKS  CORPORATION  IN  THE  TOWN  OF
 TUXEDO  FROM  A  HOMEOWNER OWNING REAL PROPERTY SERVICED BY SUCH SEWAGE-
 WORKS CORPORATION, WHICH SHALL REMAIN DUE AND UNPAID,  IN  WHOLE  OR  IN
 PART,  FOR A PERIOD OF ONE CALENDAR YEAR FROM THE DATE OF BILLING OF THE
 FIRST MISSED PAYMENT, THE SAME SHALL CONSTITUTE A DEFAULT AND A LIEN MAY
 BE PLACED ON THE PROPERTY BY THE  SEWAGE-WORKS  CORPORATION.  SUCH  LIEN
 SHALL  BE  ENFORCED UNDER ARTICLE THREE OF THE LIEN LAW. SUCH LIEN SHALL
 NOT HAVE PRIORITY OVER ANY OTHER SECURITY INTEREST IN THE REAL PROPERTY.
   2. LIENS UNDER THIS SECTION SHALL  BE  FILED  AND  RECORDED  WITH  THE
 APPROPRIATE COUNTY MUNICIPAL OFFICE HANDLING SUCH MATTERS WHERE THE REAL
 PROPERTY IS LOCATED.
   3.  THE  AGGRIEVED PARTY HAS ONE YEAR FROM AFTER THE PRESCRIBED PERIOD
 OF ONE CALENDAR YEAR TO FILE A NOTICE OF LIEN FOR UNPAID SERVICES. WITH-
 IN TEN DAYS AFTER FILING OF SUCH NOTICE THE LIENOR SHALL SERVICE A  COPY
 PERSONALLY,  OR  BY  MAIL, UPON THE PERSON WITH WHOM THE UNPAID SERVICES
 WERE PROVIDED TO.
   § 2. The lien law is amended by adding a new section  66  to  read  as
 follows:
   § 66. ENFORCEMENT OF SEWAGE-WORKS CORPORATION LIEN ON REAL PROPERTY. A
 SEWAGE-WORKS  CORPORATION  LIEN  BY  A  SEWAGE-WORKS CORPORATION LOCATED
 WITHIN THE TOWN OF TUXEDO ON REAL PROPERTY MAY BE ENFORCED AGAINST  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07599-01-5
              

 A. 8438                             2
 
 PROPERTY,  AND  AGAINST A PERSON LIABLE FOR THE DEBT UPON WHICH THE LIEN
 IS FOUNDED, BY AN ACTION, BY THE LIENOR, THE LIENOR'S ASSIGNEE OR  LEGAL
 REPRESENTATIVE,  IN  THE  SUPREME  COURT  OR IN A COUNTY COURT OTHERWISE
 HAVING  JURISDICTION,  REGARDLESS OF THE AMOUNT OF SUCH DEBT, SO LONG AS
 THE PROVISIONS IN SECTION ONE HUNDRED TWENTY-FIVE OF THE  TRANSPORTATION
 CORPORATIONS LAW ARE MET.
   § 3. This act shall take effect immediately.