BILL NUMBER: S5286
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the lien law, in relation to prohibiting self-service
facility owners from enforcing liens on personal property held in a
self-storage facility during state disaster emergencies or county states
of emergency
 
PURPOSE::
To protect New Yorkers during a state of emergency from having their
items sold or auctioned off.
 
SUMMARY OF PROVISIONS::
Subdivision 7 of section 182 of the lien law is amended by adding a new
paragraph (c) to prevent the enforcement of a lien by public or private
sale during a state disaster emergency.
 
JUSTIFICATION::
COVID-19 has taken the life of many New Yorkers and others around the
country. In addition to that we have also witnessed widespread unemploy-
ment that has left many struggling to pay rent and keep food on the
table. With all of the issues that New Yorkers are facing, they should
not have to worry about their personal property being sold or auctioned
off because they are unable to make the payments.
Unpaid storage fees differ from most unpaid bills because under state
law, storage facilities are granted a lien on the belongings within
them. That means that storage companies have the right to auction
people's things off rather than simply ceasing services to customers who
cannot afford to pay rent and late fees. New Yorkers should not have to
worry about losing their possession, the focus should be on maintaining
their health and safety during these unprecedented times. Currently,
personal property in storage facilities is not included in Governor
Cuomo's Executive Order on the Eviction Moratorium. This legislation
will ensure that New Yorker's can prioritize their health and safety.
 
LEGISLATIVE HISTORY::
S.4347 of 2023-2024; Passed Senate, Delivered to Assembly, Referred to
Judiciary;
S. 6648 of 2021-22: Referred to Judiciary;
S. 9084 of 2020: 2020: Referred to Rules
 
FISCAL IMPLICATIONS::
None.
 
LOCAL FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This law shall take effect immediately.

Statutes affected:
S5286: 182 lien law, 182(7) lien law