BILL NUMBER: S9870
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the lien law, in relation to prohibiting enforcement of
a lien where the occupant has a pending social services department stor-
age fee assistance request or appeal
 
PURPOSE:
To require that self-storage facilities notify social services of
auctions, require timely certification of payment statuses, prohibit
auctions under certain conditions, and allow occupants to request stays
without proving harm.
 
SUMMARY OF PROVISIONS:
Section 1 sets forth the short title of this bill, "Shavon's Law."
Section 2 amends subdivision 1 of section 182 of the lien law.
Section 3 amends paragraph (c) of subdivision 2 of section 182 of the
lien law.
Section 4 amends paragraph (a) of subdivision 7 of section 182 of the
lien law.
Section 5 amends section 182 of the lien law.
Section 6 amends subdivision 9 of section 182 of the lien law.
Section 7 sets forth the effective date.
 
JUSTIFICATION:
In New York, individuals and families in shelters, on the street, or
temporarily living with others are entitled to emergency assistance
grants for storage of their belongings, as mandated by local social
services departments. Grants for storage are provided during circum-
stances like relocation or eviction, contingent upon continued eligibil-
ity for public assistance. Once storage assistance is approved, payments
are made directly to the self-storage facility, which typically has a
lien on the stored items for unpaid fees. If fees remain unpaid, facili-
ties can auction off items after providing 30 days' notice. However,
many individuals lacking public assistance grants have little recourse
to challenge lien validity or fees. In New York City, applicants must
submit monthly applications or bills to benefits centers, despite exist-
ing automated payment systems. This leads to precarious situations where
individuals risk accumulating arrears and facing auctions that could
result in loss of possessions. Many storage facilities do no properly
comply with notice requirements, and the homeless may lack consistent
access to important communications. Despite directives for prompt deci-
sion-making in emergencies, enforcing these laws is burdensome for
social services and individuals dealing with shelter crises. Many
applicants face bureaucratic delays, risking loss of belonging to
auctions under Lien Law Section 182, often without the ability to
contest erroneous denials of assistance. Stories highlight the trauma
and chaos resulting from such delays, exacerbating their housing crises
and resulting in the loss of personal belongings, including irreplacea-
ble family items.
The proposed amendments to Lien Law Section 182 aim to address the ineq-
uities facing homeless individuals burdened by social services delays,
alongside the financial benefits storage facilities receive from public
assistance payments. The Human Resources Administration reported signif-
icant payments to storage facilities, which benefits from government
subsidies amid the struggles of homeless individuals who rely on these
services. Efforts are being made to encourage ongoing assistance during
fair hearing processes, thereby providing homeless individual a safe-
guard against the loss of their property while promoting efficiency
within social services. Shavon's Law provides a balances solution for
securing the belongings of homeless individuals in New York.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the 60th day after it shall have become a
law.

Statutes affected:
S9870: 182 lien law, 182(1) lien law, 182(2) lien law, 182(7) lien law, 182(9) lien law