S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6220--A
 
                        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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07984-04-5
 S. 6220--A                          2
              

 
   (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
 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,
 S. 6220--A                          3
 
 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-
 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-
 S. 6220--A                          4
 
 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
 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 days from mail-
 ing  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 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.  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 occu-
 pant'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 ACTIVE DUTY 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.
 S. 6220--A                          5
 
   (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
 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
 S. 6220--A                          6
 
 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
 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.