S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4339
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the lien law, in relation to notice for enforcement of a
   lien against self-service storage facility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph (a) of subdivision 7 of section 182 of the lien
 law, as amended by chapter 424 of the laws of 2019, is amended  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
 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] FIRST AND SECOND NOTICES 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 enti-
 tled to bring a proceeding hereunder within  [ten]  SIXTY  days  of  the
 service  of  the  FIRST notice if he OR SHE disputes the validity of the
 lien, or the amount claimed. The [notice] FIRST AND SECOND NOTICES shall
 be personally delivered to the occupant, or sent by registered or certi-
 fied mail to the occupant's last known address, or sent by verified mail
 and electronic mail to the occupant's last known address, AND  AT  LEAST
 ONE  OTHER  ADDRESS  PROVIDED  BY THE OCCUPANT TO THE OWNER, IF ANY. THE
 FIRST NOTICE SHALL BE PERSONALLY DELIVERED OR SENT  IN  ACCORDANCE  WITH
 THIS  SUBDIVISION  WITHIN  THIRTY  DAYS  OF THE EVENT THAT TRIGGERED THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06934-01-3
              

 A. 4339                             2
 
 ENFORCEMENT OF THE LIEN AND THE SECOND NOTICE SHALL BE PERSONALLY DELIV-
 ERED OR SENT IN ACCORDANCE WITH THIS SUBDIVISION WITHIN FORTY-FIVE  DAYS
 OF  SUCH  EVENT.  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.
   § 2. This act shall take effect immediately.