S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11097
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred 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
   and prohibiting enforcement of such liens during  the  COVID-19  state
   disaster emergency

   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 and a  new  para-
 graph (c) is added 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17554-01-0

 A. 11097                            2
 
 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 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 OCCUPANCY AGREEMENT 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  occu-
 pant  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.
   (C)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, NO OWNER
 SHALL TAKE ANY ACTION WITH RESPECT TO THE ENFORCEMENT OF AN OWNER'S LIEN
 AND NO OWNER'S LIEN SHALL BE ENFORCED BY PUBLIC OR PRIVATE  SALE  OF  AN
 OCCUPANT'S  GOODS  DURING THE COVID-19 STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWEN-
 TY.
   § 3. This act shall take effect immediately.