NY State Senate Bill 2021-S41B

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Jun 10, 2021	committed to rules
May 26, 2021	amended on third reading 41b
Mar 01, 2021	advanced to third reading
Feb 24, 2021	2nd report cal.
Feb 23, 2021	1st report cal.404
Feb 08, 2021	print number 41a
Feb 08, 2021	amend (t) and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

- Feb 23, 2021 - Judiciary Committee Vote
  S41B
  
  10
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 23, 2021
      
      aye (10)
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (1)
      
      Oberacker
      
      aye wr (4)
      
      Boyle
      
      Lanza
      
      O'Mara
      
      Palumbo

Bill Amendments

Original

B (Active)

2021-S41 - Details

Current Committee:: Senate Judiciary
Law Section:: Lien
Versions Introduced in 2019-2020 Legislative Session:: S9075

2021-S41 - Summary

Enacts the "pandemic self-storage act" which prohibits owners of self-service storage facilities from enforcing a lien held upon personal property stored at a self-service storage facility; provides for repeal upon expiration thereof.

2021-S41 - Sponsor Memo

                                
 
BILL NUMBER: S41

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to enacting the "pandemic self-storage act"

 
PURPOSE OF BILL:

To enact a moratorium on lien enforcement via public or private sale by
owners of self-service storage facilities for the duration of the
COVID-19 covered period.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 of the bill prohibits the owner of a self-service storage
facility from enforcing a lien held upon personal property stored at
such a facility by public or private sale during the COVID-19 covered
period, notwithstanding the provisions of Article 8 of the Lien Law.

Section 3 of the bill defines the COVID-19 covered period.

Section 4 of the bill provides the effective date.

 
JUSTIFICATION:

Under Section 182 of New York's Lien Law, self-service storage facility
owners have a lien upon all personal property stored at such facilities
for occupancy fees and other charges. If a customer fails to pay the
facility the agreed-upon fee, the owner may enforce the lien by public
or private sale of the customer's personal property being stored at the
facility.

In the midst of the COVID-19 pandemic, which triggered high levels of
unemployment and home instability, thousands of New Yorkers risk loss of
their possessions in the coming months as self-service storage companies
begin to enforce their liens on customer's property.

This bill would protect New Yorkers' personal belongings by prohibiting
self-service storage facility owners from enforcing liens on customers'
property by means of public or private sale for the duration of the
COVID-19 State of Emergency plus an additional year.  Recent reporting
by The City noted that the self-service storage industry has been
extremely profitable amid the COVID-19 pandemic.

1 Goldensohn, Rosa. "There's No Eviction Moratorium on NYC Storage
Units. Now the Contents of Hundreds are Being Auctioned Off." The City,
Oct. 26, 2020. Available at:
https://www.thecity.nyc/2020/10/26/21535328/selfstoragedctions- evic-
tions-rent-pandemic-new-york

 
PRIOR LEGISLATIVE HISTORY:

S.9075 of 2020 (Hoylman): Died in Rules
A.11110 of 2020 (Dinowitz): Died in Judiciary

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S41 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    41
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT in relation to enacting the "pandemic self-storage act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "pandemic self-storage act".
   § 2. Notwithstanding the provisions of article eight of the lien  law,
 no  owner of a self-service storage facility, as those terms are defined
 in section 182 of the lien law, shall enforce a lien held upon  personal
 property  stored at a self-service storage facility by public or private
 sale during the COVID-19 covered period.
   § 3. For the purposes of this act, the COVID-19 covered  period  shall
 include  March  7, 2020 through the end of the state of emergency in the
 state of New York plus one full year. For the purposes of this act,  the
 state  of  emergency  period includes, but is not limited to, any period
 referenced in executive order numbers 202, 202.8, 202.28 of 2020 and any
 other executive order that closed  or  otherwise  restricted  public  or
 private  businesses or places of public accommodation, or required post-
 ponement or cancellation of all non-essential gatherings of  individuals
 of  any size for any reason in response to the COVID-19 pandemic, within
 the state of New York.
   § 4. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02336-01-1

2021-S41A - Details

Current Committee:: Senate Judiciary
Law Section:: Lien
Versions Introduced in 2019-2020 Legislative Session:: S9075

2021-S41A - Summary

2021-S41A - Sponsor Memo

                                
 
BILL NUMBER: S41A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to enacting the "pandemic self-storage act"; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OF BILL:

To enact a moratorium on lien enforcement via public or private sale by
owners of self-service storage facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 of the bill prohibits the owner of a self-service storage
facility from enforcing a lien held upon personal property stored at
such a facility by public or private sale prior to May 1, 2021.

Section 3 of the bill provides the effective date.

 
JUSTIFICATION:

Under Section 182 of New York's Lien Law, self-service storage facility
owners have a lien upon all personal property stored at such facilities
for occupancy fees and other charges. If a customer fails to pay the
facility the agreed-upon fee, the owner may enforce the lien by public
or private sale of the customer's personal property being stored at the
facility.

In the midst of the COVID-19 pandemic, which triggered high levels of
unemployment and home instability, thousands of New Yorkers risk loss of
their possessions in the coming months as self-service storage companies
begin to enforce their liens on customer's property.

This bill would protect New Yorkers' personal belongings by prohibiting
self-service storage facility owners from enforcing liens on customers'
property by means of public or private sale for the duration of the
COVID-19 State of Emergency plus an additional year.  Recent reporting
by The City noted that the self-service storage industry has been
extremely profitable amid the COVID-19 pandemic. 
1 1 Goldensohn, Rosa.
"There's No Eviction Moratorium on NYC Storage Units. Now the Contents
of Hundreds are Being Auctioned Off." The City, Oct. 26, 2020. Available
at:

https://www.thecity.nyc/2020/10/26/21535328/selfstoragedctions- evic-
tions-rent-pandemic-new-york

 
PRIOR LEGISLATIVE HISTORY:

S.9075 of 2020 (Hoylman): Died in Rules A.11110 of 2020 (Dinowitz):
Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S41A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   41--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  in  relation  to  enacting the "pandemic self-storage act"; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "pandemic self-storage act".
   § 2. Notwithstanding the provisions of article eight of the lien  law,
 no  owner of a self-service storage facility, as those terms are defined
 in section 182 of the lien law, shall enforce a lien held upon  personal
 property  stored at a self-service storage facility by public or private
 sale prior to May 1, 2021.
   § 3. This act shall take effect immediately, and shall expire  and  be
 deemed repealed May 1, 2021.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02336-02-1

2021-S41B (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Lien
Versions Introduced in 2019-2020 Legislative Session:: S9075

2021-S41B (ACTIVE) - Summary

2021-S41B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S41B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to enacting the "pandemic self-storage act"; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OF BILL:

To enact a moratorium on lien enforcement via public or private sale
against customers experiencing financial hardship during the COVID-19
pandemic by owners of self-service storage facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 of the bill defines terms used throughout the act, including
establishing a statutory hardship declaration form for customers of
self-storage facilities to use to invoke the protections against lien

enforcement provided by the act.

Section 3 of the bill voids any pending lien enforcement actions as of
the effective date of the act and provides that any self-storage facili-
ty owner seeking to enforce a lien by public or private sale between the
effective date of the act and August 31, 2021 must provide a copy of the
hardship declaration form along with the legally required notice of lien
enforcement pursuant to Section 182(7) of the Lien Law.

Section 4 of the bill establishes that if an owner or an agent of the
owner of a self-storage facility receives a hardship declaration form
from a customer prior to lien enforcement by public or private sale, no
such sale shall occur until at least August 31, 2021. An owner who know-
ingly enforces a lien prior to August 31, 2021 after receiving a hard-
ship declaration will be considered to have forfeited their entitlement
to claim a lien on the customer's personal property in any special
proceeding pursuant to Section 182(9) of the Lien Law.

Section 5 of the bill requires the Office of Court Administration to
host a copy of the hardship declaration on their website in English,
Spanish and the six most common languages in New York City.

Section 6 of the bill provides the effective date.

 
JUSTIFICATION:

Under Section 182 of New York's Lien Law, self-service storage facility
owners have a lien upon all personal property stored at such facilities
for occupancy fees and other charges. If a customer fails to pay the
facility the agreed-upon fee, the owner may enforce the lien by public
or private sale of the customer's personal property being stored at the
facility.

In the midst of the COVID-19 pandemic, which triggered high levels of
unemployment and home instability, thousands of New Yorkers risk loss of
their possessions in the coming months as self-service storage companies
begin to enforce their liens on customer's property.

This bill would protect New Yorkers who are experiencing a financial
hardship during the COVID-19 pandemic by prohibiting self-service stor-
age facility owners from enforcing liens on customers' property by means
of public or private sale through August 31, 2021 where the customer has
provided a hardship declaration form.

 
PRIOR LEGISLATIVE HISTORY:

S.9075 of 2020 (Hoylman): Died in Rules A.11110 of 2020 (Dinowitz):
Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S41B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   41--B
     Cal. No. 404
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT  in  relation  to  enacting the "pandemic self-storage act"; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "pandemic self-storage act".
   § 2. Definitions. 1. For the purposes of this act, the terms "occupan-
 cy agreement," "occupant," "owner," "personal property," and  "self-sto-
 rage  facility"  shall have the same meanings as those terms are defined
 in section 182 of the lien law.
   2. The term "hardship declaration" means the following statement, or a
 substantially equivalent statement in the occupant's  primary  language,
 in  14-point  type,  published  by  the  office of court administration,
 whether in physical or electronic written form:
   "NOTICE TO SELF-STORAGE FACILITY OCCUPANT: If you have lost income  or
 had  increased  costs  during  the  COVID-19  pandemic, and you sign and
 deliver this hardship declaration form to the owner of the  self-storage
 facility  in  which  you have personal property pursuant to an occupancy
 agreement, the owner cannot enforce a lien held upon your personal prop-
 erty by public or private sale until August 31, 2021 for non-payment  of
 occupancy fees or other charges.
 If the owner of a self-storage facility has provided you with this form,
 the  owner  must  also  provide  you  with  a mailing address and e-mail
 address to which you can return this form.  You can return this form  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02336-09-1

 S. 41--B                            2
 
 the facility owner at any time prior to the public or private sale.  You
 should keep a copy or picture of the signed form for your records.
 You  will  still  owe  any  unpaid  occupancy fees or other charges owed
 pursuant to law or the occupancy agreement to the owner of the self-sto-
 rage facility. You should also keep careful track of what you have  paid
 and any amount you still owe.
   SELF-STORAGE  FACILITY  OCCUPANT'S  DECLARATION OF HARDSHIP DURING THE
 COVID-19 PANDEMIC
   I am an occupant of a self-storage facility under an occupancy  agree-
 ment at (address of self-storage facility).
   I am experiencing financial hardship, and I am unable to pay the occu-
 pancy  fees or other financial obligations under the occupancy agreement
 in full because of one or more of the following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2. Increase in necessary out-of-pocket expenses related to  performing
 essential  work or related to health impacts during the COVID-19 pandem-
 ic.
   3. Childcare responsibilities  or  responsibilities  to  care  for  an
 elderly,  disabled,  or  sick family member during the COVID-19 pandemic
 have negatively affected my ability or the  ability  of  someone  in  my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have   significantly   reduced  my  household  income  or  significantly
 increased my expenses. To the extent that I have lost  household  income
 or had increased expenses, any public assistance, including unemployment
 insurance,  pandemic  unemployment  assistance, disability insurance, or
 paid family leave, that I have received since the start of the  COVID-19
 pandemic  does  not  fully  make  up  for my loss of household income or
 increased expenses.
   I understand that I must comply with all other lawful terms  under  my
 occupancy  agreement.  I further understand that all lawful fees, penal-
 ties or interest for not having paid occupancy fees in full or met other
 financial obligations as required by my occupancy agreement may still be
 charged or collected and may result in a monetary judgment against me. I
 further understand that the owner of the self-storage  facility  may  be
 able to enforce a lien against my personal property by public or private
 sale  after  August  31,  2021,  and  that  the  law may provide certain
 protections at that time that are separate from those available  through
 this declaration.
   Signed:
   Printed Name:
   Date Signed:
   NOTICE: You are signing and submitting this form under penalty of law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 3. Pending lien enforcements by public or private sale.  Any  notice
 that  has been delivered pursuant to subdivision 7 of section 182 of the
 lien law for a public or private sale that has not occurred  as  of  the
 effective date of this act shall be void and an owner seeking to enforce
 a  lien  shall deliver a new notice pursuant to subdivision 7 of section
 182 of the lien law with a date for a public or private sale that is  at
 least  thirty  days  after  the effective date of this act. Owners shall
 attach a copy of the hardship declaration  to  any  notice  required  by

 S. 41--B                            3
 
 subdivision 7 of section 182 of the lien law that is delivered after the
 effective date of this act.
   § 4. Prohibition on lien enforcement by public or private sale. If the
 owner  or  an agent of the owner receives a hardship declaration from an
 occupant prior to lien enforcement by public or private sale against the
 occupant, there shall be no lien enforcement by public or  private  sale
 against  the  occupant  until  at least August 31, 2021.   An owner that
 knowingly enforces or attempts to enforce  a  lien  upon  an  occupant's
 personal  property  by  public  or private sale prior to August 31, 2021
 after receiving a hardship  declaration  from  such  occupant  shall  be
 considered  to  have  forfeited  their  entitlement to claim a lien upon
 occupant's personal property  in  any  special  proceeding  pursuant  to
 subdivision 9 of section 182 of the lien law.
   § 5. Translation of hardship declaration. The office of court adminis-
 tration  shall translate the hardship declaration, as defined in section
 two of this act, into Spanish and the 6 most  common  languages  in  the
 city of New York, after Spanish, and shall post and maintain such trans-
 lations  and an English language copy of the hardship declaration on the
 website of such office beginning within 15 days of the effective date of
 this act. To the extent practicable, the office of court  administration
 shall post and maintain on its website translations into such additional
 languages  as  the  chief administrative judge shall deem appropriate to
 ensure that tenants have an opportunity to understand and  submit  hard-
 ship declarations pursuant to this act.
   § 6. This act shall take effect immediately, and shall expire  and  be
 deemed repealed August 31, 2021.

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Senate Bill S41B

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Feb 23, 2021 - Judiciary Committee Vote

Judiciary Committee Vote: Feb 23, 2021

Bill Amendments

2021-S41 - Details

2021-S41 - Summary

2021-S41 - Sponsor Memo

2021-S41 - Bill Text download pdf

2021-S41A - Details

2021-S41A - Summary

2021-S41A - Sponsor Memo

2021-S41A - Bill Text download pdf

2021-S41B (ACTIVE) - Details

2021-S41B (ACTIVE) - Summary

2021-S41B (ACTIVE) - Sponsor Memo

2021-S41B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S41B

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2021-S41 - Details

2021-S41 - Summary

2021-S41 - Sponsor Memo

2021-S41 - Bill Text download pdf

2021-S41A - Details

2021-S41A - Summary

2021-S41A - Sponsor Memo

2021-S41A - Bill Text download pdf

2021-S41B (ACTIVE) - Details

2021-S41B (ACTIVE) - Summary

2021-S41B (ACTIVE) - Sponsor Memo

2021-S41B (ACTIVE) - Bill Text download pdf

Comments