NY Lien L § 182 (2021)
2021 New York Laws LIE - Lien Article 8 - Other Liens on Personal Property 182 - Self-Storage Facilities; Lien.

§  182. Self-storage facilities; lien. 1. Definitions. As used in this article:  (a) "Self-storage facility" means  any  real  property  or  a  portion thereof  that  is designed and used for the purpose of occupying storage space by occupants who are to have access thereto  for  the  purpose  of storing  and  removing  personal  property.  The owner of a self-storage facility shall not be deemed to be a  warehouseman  as  defined  in  the uniform  commercial  code.  Except  as provided in paragraph (b) of this subdivision, if an owner issues any warehouse receipt, bill  of  lading, or  other  document of title for the personal property stored, the owner and the occupant are subject to the provisions of the uniform commercial code and the provisions of this section shall not be applicable.  (b) "Owner" means a person, partnership or corporation which  operates a self-storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive storage fees from an occupant under  an  occupancy  agreement.  A  warehouseman may be an owner to the extent that any part of the  building  is  operated  as  a  self-storage facility.  (c)  "Occupant"  means  a  person,  entitled to the use of the storage space at a self-storage facility under a written occupancy agreement  or his  successor  or  assignee,  to  the exclusion of others including the owner except as provided in this section or the occupancy agreement.  (d) "Occupancy agreement" means any written agreement,  electronic  or printed,  that  establishes  or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a  self-storage facility and any one or more individual storage spaces therein.  (e) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items.  (f)   "Electronic  mail"  shall  mean  an  electronic  message  or  an executable program or computer file that contains an image of a  message that  is  transmitted  between  two  or  more  computers  or  electronic terminals.  Such  term  shall  include  electronic  messages  that   are transmitted within or between computer networks.  (g)  "Last  known  address" shall mean the street address, post office box address or electronic mail address provided by the occupant  in  the occupancy  agreement,  or  a subsequent address provided by the occupant pursuant to the occupancy agreement.  (h) "Verified mail" shall mean any method of mailing that  is  offered by  the  United States Postal Service or a private delivery service that provides evidence of mailing including, but  not  limited  to,  a  first class mailing with certificate of mailing.   2.  Required  disclosures.  (a) The owner shall be required to provide prior to allowing occupancy a written occupancy agreement which shall be dated and signed by the occupant and the owner or  his  duly  authorized agent,  and  be written or printed in a size equal to at least ten-point bold type and which shall set forth the following information:  (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;  (ii)  street  address  of  self-storage  facility  where goods will be stored;  (iii) the actual monthly occupancy charge for the particular goods  to be stored expressed in dollars;  (iv)  an  itemization of other charges imposed or which may be imposed in connection with the occupancy, a description  of  each  such  charge, whether  the  charge  is  mandatory  or optional, and the amount of each charge expressed in dollars;  (v) a statement of any limitation of damages limiting  the  amount  of the  owner's  liability  in  case of loss or damage of the goods setting forth a specific liability per room size or dollar amount  beyond  which the owner will not be liable; provided that if damages are so limited, a statement  shall  be  included  that  such  liability may on the written request of the occupant and if accepted in writing by the owner  at  the time  of  signing  such  occupancy agreement or within a reasonable time thereafter be increased on part or all of the  goods  stored,  in  which event  increased rates may be charged based on such increased valuation. The rates charged for an increased valuation shall be set  forth  and  a pre-addressed  request  form  to  enable  the  occupant  to  request  an increased valuation shall be provided; and  (vi)  any  other  material  terms  and  conditions  of  the  occupancy transaction.  (b)  Every  occupancy  agreement  as  required  by  this section shall include the business address and telephone number  to  be  used  by  the occupant in making inquiries concerning the occupancy transaction.  (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 electronic mail by providing your electronic mail address  in  at  least two locations within the occupancy agreement".   3.  Unlawful  detention  of  goods.  It  shall  constitute an unlawful detention of goods for an owner to refuse to surrender goods  stored  by him  for  an occupant upon payment by the occupant of the occupancy fees permitted by this section.   4. Private right of action. (a) Any occupant damaged  by  an  unlawful detention  of his goods or any other violation of this section may bring an action for recovery of damages and the return of his goods.  Judgment may be entered in an amount not to exceed three times the actual damages plus reasonable attorneys fees.  (b)  Nothing  in  this  section shall be construed so as to nullify or impair any right or rights which a buyer may have against  a  seller  at common law, by statute or otherwise.   5.  Violation  and  penalties.  Whenever there shall be a violation of this section, an application may be made by the attorney general in  the name  of  the  people  of  the  state  to  a  court  or  justice  having jurisdiction by a special proceeding to issue an  injunction,  and  upon notice  to  the  defendant  of  not  less  than five days, to enjoin and restrain the continuance of such violations; and if it shall  appear  to the  satisfaction  of  the  court  or justice that the defendant has, in fact, violated this section an injunction may be issued by such court or justice,  enjoining  and  restraining  any  further  violation,  without requiring  proof  that  any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make  allowances  to  the attorney  general  as  provided  in  paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and  rules, and  direct  restitution.  Whenever  the  court  shall  determine that a violation of this section has occurred, the court  may  impose  a  civil penalty  of  not  more  than one thousand dollars for each violation. In connection with any such proposed application, the attorney  general  is authorized  to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the  civil  practice  law  and rules.   6.  Lien.  The  owner  of  a self-storage facility has a lien upon all personal property stored at a self-storage facility for  occupancy  fees  or  other  charges,  present  or  future,  in  relation  to the personal property and for expenses necessary for  its  preservation  or  expenses reasonably incurred in its sale or other disposition pursuant to law and any other charges pursuant to the occupancy agreement. The lien provided for  in this section is superior to any other lien or security interest. The lien attaches as of the date the personal property is brought to the self-storage facility.   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 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.  (b) Any notice given pursuant to this section is deemed delivered when it is: (i) properly addressed to the last known address, and (ii) either sent  by  registered, certified or verified mail and evidence of mailing is received, or sent by  electronic  mail  and  either  a  non-automated response  to the electronic mail is received or a receipt of delivery to the electronic mail is received.   8. Pricing. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected  by the owner is not of itself sufficient to establish that the sale was not made  in a commercially reasonable manner. If the owner either sells the goods in the usual manner in any recognized market therefor,  or  if  he sells at the price current in such market at the time of his sale, or if he  has  otherwise  sold  in  conformity  with  commercially  reasonable practices among dealers in the type of goods sold,  he  has  sold  in  a commercially  reasonable  manner.  A  sale of more goods than apparently necessary to be offered to insure satisfaction of the obligation is  not commercially  reasonable  except  in  cases  covered  by  the  preceding sentence.   9. Special proceeding. The special proceeding may be  brought  in  any court which would have jurisdiction to render a judgment for a sum equal to  the  amount  of the lien. If the person shall show that the owner is not entitled to claim a lien in the goods, or that all or  part  of  the amount claimed by the owner has not been properly charged to the account of  such person, or, as the case may be, that all or part of such amount exceeds the fair and reasonable value of the services performed  by  the  owner,  the court shall direct the entry of judgment cancelling the lien or reducing the amount claimed  thereunder  accordingly.  If  the  owner shall  establish  the  validity  of  the  lien, in whole or in part, the judgment  shall  fix the amount thereof, and shall provide that the sale may proceed upon the expiration of five days after service of a copy  of the  judgment  together  with  notice  of entry thereof upon the person, unless the goods are redeemed prior thereto. If the lien  is  cancelled, the  judgment shall provide that, upon service of a copy of the judgment together with notice of entry thereof upon the owner, the  person  shall be entitled to possession of the property.