New York Gov. Andrew Cuomo signed Senate Bill S5211A (S5211) on Oct. 29, updating the state’s self-storage lien law. The new legislation went into effect immediately, changing notification requirements for industry lien sales. Facility operators can now send lien notices by personal service, registered or Certified Mail (without the need for a return receipt request), or by verified mail and e-mail, as long as certain lease conditions are met.
The addition of e-mail notification is allowable as long as the tenant has consented to receive late notices via e-mail and provided an e-mail address in at least two places on the rental agreement. The updated law also requires operators to allow delinquent tenants at least 30 days from the mailing of the lien notice to pay outstanding charges. The minimum duration was previously 10 days from when the tenant received the lien notice.
The update was introduced to the assembly in March under Assembly Bill A6556A. It was substituted by S5211 on June 20 and passed the assembly 62-0.
The New York Self Storage Association worked in collaboration with the national Self Storage Association (SSA) in lobbying for the changes, according to a Nov. 4 e-mail newsletter to SSA members.
New York State Senate, Senate Bill S5211A
SSA Magazine Weekly 11/4/19, Governor Cuomo Signs New York Lien Law Modernization Bill