S T A T E O F N E W Y O R K
________________________________________________________________________
6220
2025-2026 Regular Sessions
I N S E N A T E
March 6, 2025
___________
Introduced by Sen. KRUEGER -- 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 the enforcement of liens on
personal property at self-storage facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 182 of the lien law, as added by chapter 975 of the
laws of 1983, the section heading and subdivisions 1, 2, 6 and 7 as
amended by chapter 424 of the laws of 2019, is amended to read as
follows:
§ 182. Self-storage facilities; lien. 1. Definitions. As used in this
article:
(a) "Self-storage facility" means any real property or a portion ther-
eof that is designed and used for the purpose of occupying storage space
by occupants who are to have access thereto for the purpose of storing
and removing personal property. The owner of a self-storage facility
shall not be deemed to be a warehouseman as defined in the uniform
commercial code. Except as provided in paragraph (b) of this subdivi-
sion, if an owner issues any warehouse receipt, bill of lading, or other
document of title for the personal property stored, the owner and the
occupant are subject to the provisions of the uniform commercial code
and the provisions of this section shall not be applicable.
(b) "Owner" means a person, partnership or corporation which operates
a self-storage facility, an agent, or any other person authorized by the
owner to manage the facility or to receive storage fees from an occupant
under an occupancy agreement. A warehouseman may be an owner to the
extent that any part of the building is operated as a self-storage
facility.
(c) "Occupant" means a person, entitled to the use of the storage
space at a self-storage facility under a written occupancy agreement or
[his] SUCH PERSON'S successor or assignee, to the exclusion of others
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07984-03-5
S. 6220 2
including the owner except as provided in this section or the occupancy
agreement.
(d) "Occupancy agreement" means any written agreement, electronic or
printed, that establishes or modifies the terms, conditions, rules or
any other provisions concerning the use and occupancy of a self-storage
facility and any one or more individual storage spaces therein.
(e) "Personal property" means movable property not affixed to land and
includes, but is not limited to, goods, merchandise and household items.
(f) "Electronic mail" shall mean an electronic message or an executa-
ble program or computer file that contains an image of a message that is
transmitted between two or more computers or electronic terminals. Such
term shall include electronic messages that are transmitted within or
between computer networks.
(g) "Last known address" shall mean the street address, post office
box address or electronic mail address provided by the occupant in the
occupancy agreement, or a subsequent address provided by the occupant
pursuant to the occupancy agreement.
(h) "Verified mail" shall mean any method of mailing that is offered
by the United States Postal Service or a private delivery service that
provides evidence of mailing including, but not limited to, a first
class mailing with certificate of mailing.
(I) "SERVICE MEMBER" MEANS A MEMBER OF THE ARMED FORCES, A RESERVE
BRANCH OF THE ARMED FORCES, OR THE NEW YORK NATIONAL GUARD.
2. Required disclosures. (a) The owner shall be required to provide
prior to allowing occupancy a written occupancy agreement which shall be
dated and signed by the occupant and the owner or [his] THE OWNER'S duly
authorized agent, and be written or printed in a size equal to at least
ten-point bold type and which shall set forth the following information:
(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;
(ii) street address of self-storage facility where goods will be
stored;
(iii) the actual monthly occupancy charge for the particular goods to
be stored expressed in dollars;
(iv) an itemization of other charges imposed or which may be imposed
in connection with the occupancy, a description of each such charge,
whether the charge is mandatory or optional, and the amount of each
charge expressed in dollars;
(v) a statement of any limitation of damages limiting the amount of
the owner's liability in case of loss or damage of the goods setting
forth a specific liability per room size or dollar amount beyond which
the owner will not be liable; provided that if damages are so limited, a
statement shall be included that such liability may on the written
request of the occupant and if accepted in writing by the owner at the
time of signing such occupancy agreement or within a reasonable time
thereafter be increased on part or all of the goods stored, in which
event increased rates may be charged based on such increased valuation.
The rates charged for an increased valuation shall be set forth and a
pre-addressed request form to enable the occupant to request an
increased valuation shall be provided. NO OWNER MAY EXEMPT THEMSELVES
FROM LIABILITY FOR DAMAGES FOR INJURY TO PERSON OR PROPERTY RESULTING
FROM THE NEGLIGENCE OF SUCH PERSON, SUCH PERSON'S AGENTS OR EMPLOYEES,
EXCEPT AS HEREINAFTER PROVIDED, ANY AGREEMENT SO EXEMPTING SUCH PERSON
SHALL BE VOID. DAMAGES FOR LOSS OR INJURY TO PROPERTY MAY BE
LIMITED BY A PROVISION IN THE STORAGE AGREEMENT LIMITING THE LIABIL-
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ITY IN CASE OF LOSS OR DAMAGE BY THEFT, FIRE OR EXPLOSION AND SETTING
FORTH A SPECIFIC LIABILITY PER UNIT, WHICH SHALL IN NO EVENT BE LESS
THAN TWENTY THOUSAND DOLLARS, BEYOND WHICH THE OWNER SHALL NOT BE
LIABLE; PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY ON REQUEST OF
THE OCCUPANT BE INCREASED, IN WHICH EVENT INCREASED RATES MAY BE
CHARGED BASED ON SUCH INCREASED LIABILITY; and
(vi) any other material terms and conditions of the occupancy trans-
action.
(b) Every occupancy agreement as required by this section shall
include the business address and telephone number to be used by the
occupant in making inquiries concerning the occupancy transaction.
(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 in at least two
locations within the occupancy agreement".
3. Unlawful detention of goods. It shall constitute an unlawful
detention of goods for an owner to refuse to surrender goods stored by
[him] SUCH OWNER for an occupant upon payment by the occupant of the
occupancy fees permitted by this section.
4. Private right of action. (a) Any occupant damaged by an unlawful
detention of [his] THE OCCUPANT'S goods or any other violation of this
section may bring an action for recovery of damages and the return of
[his] THE OCCUPANT'S goods. Judgment may be entered in an amount not to
exceed three times the actual damages plus reasonable attorneys fees.
(b) Nothing in this section shall be construed so as to nullify or
impair any right or rights which a buyer may have against a seller at
common law, by statute or otherwise.
5. Violation and penalties. Whenever there shall be a violation of
this section, an application may be made by the attorney general in the
name of the people of the state to a court or justice having jurisdic-
tion by a special proceeding to issue an injunction, and upon notice to
the defendant of not less than five days, to enjoin and restrain the
continuance of such violations; and if it shall appear to the satisfac-
tion of the court or justice that the defendant has, in fact, violated
this section an injunction may be issued by such court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged thereby. In any
such proceeding, the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct restitu-
tion. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than one thousand dollars for each violation. In connection with any
such proposed application, the attorney general is authorized to take
proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.
6. Lien. The owner of a self-storage facility has a lien upon all
personal property stored at a self-storage facility for occupancy fees
or other charges, present or future, in relation to the personal proper-
ty and for expenses necessary for its preservation or expenses reason-
ably incurred in its sale or other disposition pursuant to law and any
other charges pursuant to the occupancy agreement. The lien provided for
in this section is superior to any other lien or security interest. The
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lien attaches as of the date the personal property is brought to the
self-storage facility.
7. Enforcement of lien. (a) An owner's lien [may] MUST 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] FORTY-FIVE
days from mailing of the notice, OR IF THE PERSONAL PROPERTY IS A MOTOR
VEHICLE OR WATERCRAFT, AS DEFINED BY THE VEHICLE AND TRAFFIC LAW, SIXTY
DAYS AFTER MAILING 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 commercially reasonable
manner. A SALE IS COMMERCIALLY REASONABLE IF THE PROPERTY IS SOLD IN
CONFORMITY WITH THE PRACTICES AMONG DEALERS IN THE PROPERTY SOLD OR
SELLERS OF SIMILAR DISTRESSED PROPERTY SALES. 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 occu-
pant, or sent by registered or certified mail to the occupant's last
known address, or sent by verified mail and electronic mail to the occu-
pant'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. 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.
(b) Any notice given pursuant to this section is deemed delivered when
it is: (i) properly addressed to the last known address, and (ii) either
sent by registered, certified or verified mail and evidence of mailing
is received, or sent by electronic mail and either a non-automated
response to the electronic mail is received or a receipt of delivery to
the electronic mail is received.
(C) IF AN OWNER RECEIVES A NOTICE WITH SUPPORTING EVIDENCE THAT A
TENANT IS A SERVICE MEMBER AND WHO IS TRANSFERRED OR DEPLOYED ON ACTIVE
DUTY FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS OR MORE, THE OWNER SHALL
NOT ENFORCE AN OWNER'S LIEN UNTIL ONE HUNDRED EIGHTY DAYS AFTER THE END
OF THE TENANT'S OVERSEAS SERVICE.
(D) IF AN OWNER RECEIVES A NOTICE WITH SUPPORTING EVIDENCE THAT A
TENANT HAS DECEASED, THE OWNER SHALL NOT ENFORCE A LIEN FOR ONE YEAR OR
UNTIL THE EXECUTOR OF THE DECEASED IS ABLE TO MAKE PAYMENTS, WHICHEVER
SHALL BE SOONER.
8. SALE OF PROPERTY. (A) A SALE OF PERSONAL PROPERTY MAY TAKE PLACE NO
SOONER THAN FORTY-FIVE DAYS AFTER DEFAULT OR, IF THE PERSONAL PROPERTY
IS A MOTOR VEHICLE OR WATERCRAFT, NO SOONER THAN SIXTY DAYS AFTER
DEFAULT.
(B) AFTER THE EXPIRATION OF THE TIME GIVEN IN THE NOTICE, THE SALE
MUST BE PUBLISHED ONCE A WEEK FOR TWO WEEKS CONSECUTIVELY IN A NEWSPAPER
OF GENERAL CIRCULATION WHERE THE SALE IS TO BE HELD. THE SALE MAY TAKE
PLACE NO SOONER THAN FIFTEEN DAYS AFTER THE FIRST PUBLICATION. IF THE
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LIEN IS SATISFIED BEFORE THE SECOND PUBLICATION OCCURS, THE SECOND
PUBLICATION IS WAIVED. IF THERE IS NO QUALIFIED NEWSPAPER WHERE THE SALE
IS TO BE HELD, THE ADVERTISEMENT MAY BE POSTED ON AN INDEPENDENT,
PUBLICLY ACCESSIBLE WEBSITE THAT ADVERTISES SELF-STORAGE LIEN SALES OR
PUBLIC NOTICES. THE ADVERTISEMENT MUST INCLUDE A GENERAL DESCRIPTION OF
THE GOODS, THE NAME OF THE PERSON ON WHOSE ACCOUNT THE GOODS ARE BEING
HELD, AND THE TIME AND PLACE OF THE SALE.
(C) A SALE OF THE PERSONAL PROPERTY MUST CONFORM TO THE TERMS OF THE
NOTIFICATION.
(D) A SALE OF THE PERSONAL PROPERTY MUST BE PUBLIC AND MUST BE EITHER:
(I) HELD VIA AN ONLINE AUCTION; OR
(II) HELD AT THE STORAGE FACILITY, OR AT THE NEAREST SUITABLE PLACE AT
WHICH THE PERSONAL PROPERTY IS HELD OR STORED.
(E) OWNERS SHALL REQUIRE ALL BIDDERS, INCLUDING ONLINE BIDDERS, TO
REGISTER AND AGREE TO THE RULES OF THE SALE.
9. ACCESS TO CERTAIN ITEMS. (A) PRIOR TO THE SALE OF PROPERTY, ANY
OCCUPANT MAY REMOVE FROM THE SELF-STORAGE FACILITY PERSONAL PAPERS, AND
HEALTH AIDS UPON DEMAND MADE TO THE OWNER;
(B) AN OCCUPANT WHO PROVIDES A WRITTEN ATTESTATION THAT THE PERSON
MAKING SUCH REQUEST IS A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN
SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW MAY REMOVE,
IN ADDITION TO THE ITEMS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION,
PERSONAL CLOTHING OF THE OCCUPANT AND THE OCCUPANT'S DEPENDENTS AND
TOOLS OF THE TRADE THAT ARE NECESSARY FOR THE LIVELIHOOD OF THE OCCUPANT
THAT HAS A MARKET VALUE NOT TO EXCEED ONE HUNDRED TWENTY-FIVE DOLLARS
PER ITEM. AN OWNER SHALL NOT REQUIRE AN OCCUPANT TO PROVIDE ANY INFOR-
MATION OTHER THAN WHAT IS REQUIRED BY THIS SUBDIVISION.
(C) THE OCCUPANT SHALL PRESENT A LIST OF THE ITEMS AND MAY REMOVE THE
ITEMS DURING THE FACILITY'S ORDINARY BUSINESS HOURS PRIOR TO THE SALE
AUTHORIZED BY THIS SECTION. IF THE OWNER UNJUSTIFIABLY DENIES THE OCCU-
PANT ACCESS FOR THE PURPOSE OF REMOVING THE ITEMS SPECIFIED IN THIS
SUBDIVISION, THE OCCUPANT IS ENTITLED TO REQUEST RELIEF FROM THE COURT
FOR AN ORDER ALLOWING ACCESS TO THE STORAGE SPACE FOR REMOVAL OF THE
SPECIFIED ITEMS. THE SELF-SERVICE STORAGE FACILITY IS LIABLE TO THE
OCCUPANT FOR THE COSTS, DISBURSEMENTS, AND ATTORNEY FEES EXPENDED BY THE
OCCUPANT TO OBTAIN THIS ORDER.
10. Pricing. The fact that a better price could have been obtained by
a sale at a different time or in a different method from that selected
by the owner is not of itself sufficient to establish that the sale was
not made in a commercially reasonable manner. If the owner either sells
the goods in the usual manner in any recognized market therefor, or if
[he] THE OWNER sells at the price current in such market at the time of
[his] SUCH sale, or if [he] THE OWNER has otherwise sold in conformity
with commercially reasonable practices among dealers in the type of
goods sold, [he] THE OWNER has sold in a commercially reasonable manner.
A sale of more goods than apparently necessary to be offered to insure
satisfaction of the obligation is not commercially reasonable except in
cases covered by the preceding sentence.
[9.] 11. SURPLUS. A STORAGE FACILITY MAY SATISFY ITS LIEN FROM THE
PROCEEDS OF ANY SALE PURSUANT TO THIS SECTION, PROVIDED THAT THE STORAGE
FACILITY MUST HOLD ANY SUM OBTAINED FROM THE SALE THAT EXCEEDS THE
AMOUNT SUFFICIENT TO SATISFY THE LIEN AND THE REASONABLE EXPENSES
INCURRED COMPLYING WITH THIS SECTION FOR DELIVERY ON DEMAND TO THE OCCU-
PANT AND GIVE NOTICE TO THE OCCUPANT OF THE OCCUPANT'S RIGHT TO THE
FUNDS. ANY BALANCE REMAINING UNCLAIMED BY THE OCCUPANT FOR MORE THAN ONE
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YEAR AFTER THE SALE OF THE GOODS MUST BE DEPOSITED INTO THE STATE
UNCLAIMED PROPERTY FUNDS ACCOUNT.
12. Special proceeding. The special proceeding may be brought in any
court which would have jurisdiction to render a judgment for a sum equal
to the amount of the lien. If the person shall show that the owner is
not entitled to claim a lien in the goods, or that all or part of the
amount claimed by the owner has not been properly charged to the account
of such person, or, as the case may be, that all or part of such amount
exceeds the fair and reasonable value of the services performed by the
owner, the court shall direct the entry of judgment cancelling the lien
or reducing the amount claimed thereunder accordingly. If the owner
shall establish the validity of the lien, in whole or in part, the judg-
ment shall fix the amount thereof, and shall provide that the sale may
proceed upon the expiration of five days after service of a copy of the
judgment together with notice of entry thereof upon the person, unless
the goods are redeemed prior thereto. If the lien is cancelled, the
judgment shall provide that, upon service of a copy of the judgment
together with notice of entry thereof upon the owner, the person shall
be entitled to possession of the property.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
