Self Storage Laws

New York Storage Law

New York Storage Law
NY Self and Mini Storage Lien Laws

LIE - Lien 



182 - Self-service storage facilities; lien. 




    §  182. Self-service storage facilities; lien. 1. Definitions. As used

  in this article:

    (a) "Self-service 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-service 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-service  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-service storage facility.

    (c) "Occupant" means a person, entitled to  the  use  of  the  storage

  space  at  a  self-service  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


    (d) "Occupancy agreement" means any written agreement that establishes

  or modifies  the  terms,  conditions,  rules  or  any  other  provisions

  concerning  the use and occupancy of a self-service 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.

    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;

    (ii)  street address of self-service 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  which  shall  only  be

  applicable after the owner has enforced his lien pursuant to subdivision

  seven  of  this  section 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


    (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 notice:

  "Notice: The monthly occupancy charge and other charges stated  in  this

  agreement are the actual charges you must pay".

    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


    6.  Lien. The owner of a self-service storage facility has a lien upon

  all personal property stored at  a  self-service  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-service storage facility.

    7.  Enforcement  of lien. An owner's lien may be enforced by public or

  private sale of the goods that have been removed from the storage  space

  at  a self-service 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 ten days from  receipt

  of  notification  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, return receipt requested,  to  the

  occupant  to  the last address provided by the occupant, pursuant to the

  occupancy agreement.

    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


    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.



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