2006 New York Code - 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
  agreement.
    (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
  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 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
  rules.
    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
  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.