Senate Bill S3690

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3690--A
     Cal. No. 540
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced by Sens. SANDERS, WEBB -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05693-03-5
 S. 3690--A                          2
 
 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
 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.