Senate Bill S6322

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6322
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  requiring  notice  of
   enforcement  of  a lien on goods in a self-storage facility to be sent
   to the emergency contact designated in the occupancy agreement

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 182 of the lien law is amended by
 adding a new paragraph (i) to read as follows:
   (I) "EMERGENCY CONTACT" SHALL MEAN ANY PERSON DESIGNATED BY THE  OCCU-
 PANT  IN  THE  OCCUPANCY  AGREEMENT TO RECEIVE NOTICE ISSUED PURSUANT TO
 THIS SECTION.
   § 2. Paragraph (i) of subdivision 2 of section 182 of the lien law, as
 amended by chapter 424 of the laws  of  2019,  is  amended  to  read  as
 follows:
   (i)  name and address of owner [and], occupant, AND EMERGENCY CONTACT,
 and electronic mail address of owner and occupant  should  the  occupant
 choose to be contacted via electronic mail;
   § 3. Paragraph (c) of subdivision 2 of section 182 of the lien law, as
 amended  by  chapter  424  of  the  laws  of 2019, is amended to read as
 follows:
   (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";  (III)  "NOTICE:  KEEP  YOUR
 OCCUPANCY  AGREEMENT  UP-TO-DATE WITH ANY CHANGES TO YOUR ADDRESS AND/OR
 ELECTRONIC MAIL ADDRESS, WHERE APPROPRIATE, AND THE CONTACT  INFORMATION

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04302-01-5
 S. 6322                             2
              

 
 FOR  YOUR  EMERGENCY  CONTACT,  TO  ENSURE  YOU RECEIVE ANY LATE OR LIEN
 NOTICES".
   § 4. Subdivision 7 of section 182 of the lien law, as amended by chap-
 ter 424 of the laws of 2019, is amended to read as follows:
   7.  Enforcement of lien. (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 advertised 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 claiming an interest in the goods  is  entitled  to  bring  a
 proceeding  hereunder within ten days of the service of the notice if he
 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. Any notice made pursuant to this section  and  sent
 by  electronic mail shall only be effective if: (i) the occupancy agree-
 ment 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.  THE NOTICE SHALL ALSO BE  SENT  TO  THE  EMERGENCY
 CONTACT  DESIGNATED BY THE OCCUPANT, EITHER BY PERSONAL DELIVERY OR SENT
 BY REGISTERED OR CERTIFIED MAIL TO THE EMERGENCY  CONTACT'S  LAST  KNOWN
 ADDRESS,  OR  SENT BY VERIFIED MAIL AND ELECTRONIC MAIL TO THE EMERGENCY
 CONTACT'S LAST KNOWN ADDRESS. ANY NOTICE MADE PURSUANT TO  THIS  SECTION
 SHALL BE SENT TO THE LAST KNOWN ADDRESS PROVIDED BY THE OCCUPANT FOR THE
 EMERGENCY CONTACT, PURSUANT TO 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 OF THE OCCUPANT
 AND THE EMERGENCY CONTACT, and (ii) either sent by registered, certified
 or verified mail and evidence of mailing is received, or sent  by  elec-
 tronic  mail  and either a non-automated response to the electronic mail
 is received or a receipt of delivery to the electronic mail is received.
   § 5. Owners of self-storage facilities shall obtain emergency  contact
 information  for any occupant with an occupancy agreement in place prior
 to this act taking effect.
   § 6. This act shall take effect immediately.