S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4353
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 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 disputes] THEY DISPUTE 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 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,
 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  ACCORD-
 ANCE  WITH  THIS  SUBDIVISION WITHIN THIRTY DAYS OF THE EVENT THAT TRIG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08788-01-5
              

 A. 4353                             2
 
 GERED THE ENFORCEMENT OF  THE  LIEN  AND  THE  SECOND  NOTICE  SHALL  BE
 PERSONALLY  DELIVERED 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  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.
   § 2. This act shall take effect immediately.