S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3690
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  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 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  TELEPHONE  NUMBER OF THE OCCUPANT SHOULD THE
 OCCUPANT CHOOSE TO BE CONTACTED VIA TELEPHONE;
   (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 OR VIA TELEPHONE by providing your electronic mail address,
 AND/OR TELEPHONE NUMBER in at least two locations within  the  occupancy
 agreement";  (III)  "NOTICE:  IF  YOU  CHOOSE  TO PROVIDE YOUR TELEPHONE
 NUMBER, THE OWNER MUST ATTEMPT TO CONTACT YOU BY TELEPHONE TO NOTIFY YOU
 OF THE MAILING OF ANY LEGAL MATTERS RELATED TO LATE OR LIEN NOTICES".
   § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05693-01-5
              

 S. 3690                             2
 
 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] SIXTY 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  commer-
 cially  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]  SUCH
 PERSON  disputes  the  validity  of the lien, or the amount claimed. The
 notice shall be personally delivered to the occupant, or sent by  regis-
 tered 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 OCCUPANCY AGREE-
 MENT STATES THAT THE OCCUPANT HAS CHOSEN TO BE CONTACTED  VIA  TELEPHONE
 AS  SET  FORTH IN SUBDIVISION TWO OF THIS SECTION, SUCH NOTICE SHALL NOT
 BE EFFECTIVE UNLESS THE OWNER MAKES REASONABLE ATTEMPTS TO  CONTACT  THE
 OCCUPANT  VIA  TELEPHONE  TO  NOTIFY THE OCCUPANT OF THE MAILING OF SUCH
 NOTICE. 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 immediately.