New York LIE Code § 182

Self-storage facilities; lien
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§ 182. Self-storage facilities; lien. 1. Definitions. As used in this\narticle:\n  (a) "Self-storage facility" means any real property or a portion\nthereof that is designed and used for the purpose of occupying storage\nspace by occupants who are to have access thereto for the purpose of\nstoring and removing personal property. The owner of a self-storage\nfacility shall not be deemed to be a warehouseman as defined in the\nuniform commercial code. Except as provided in paragraph (b) of this\nsubdivision, if an owner issues any warehouse receipt, bill of lading,\nor other document of title for the personal property stored, the owner\nand the occupant are subject to the provisions of the uniform commercial\ncode and the provisions of this section shall not be applicable.\n  (b) "Owner" means a person, partnership or corporation which operates\na self-storage facility, an agent, or any other person authorized by the\nowner to manage the facility or to receive storage fees from an occupant\nunder an occupancy agreement. A warehouseman may be an owner to the\nextent that any part of the building is operated as a self-storage\nfacility.\n  (c) "Occupant" means a person, entitled to the use of the storage\nspace at a self-storage facility under a written occupancy agreement or\nhis successor or assignee, to the exclusion of others including the\nowner except as provided in this section or the occupancy agreement.\n  (d) "Occupancy agreement" means any written agreement, electronic or\nprinted, that establishes or modifies the terms, conditions, rules or\nany other provisions concerning the use and occupancy of a self-storage\nfacility and any one or more individual storage spaces therein.\n  (e) "Personal property" means movable property not affixed to land and\nincludes, but is not limited to, goods, merchandise and household items.\n  (f) "Electronic mail" shall mean an electronic message or an\nexecutable program or computer file that contains an image of a message\nthat is transmitted between two or more computers or electronic\nterminals. Such term shall include electronic messages that are\ntransmitted within or between computer networks.\n  (g) "Last known address" shall mean the street address, post office\nbox address or electronic mail address provided by the occupant in the\noccupancy agreement, or a subsequent address provided by the occupant\npursuant to the occupancy agreement.\n  (h) "Verified mail" shall mean any method of mailing that is offered\nby the United States Postal Service or a private delivery service that\nprovides evidence of mailing including, but not limited to, a first\nclass mailing with certificate of mailing.\n  2. Required disclosures. (a) The owner shall be required to provide\nprior to allowing occupancy a written occupancy agreement which shall be\ndated and signed by the occupant and the owner or his duly authorized\nagent, and be written or printed in a size equal to at least ten-point\nbold type and which shall set forth the following information:\n  (i) name and address of owner and occupant and electronic mail address\nof owner and occupant should the occupant choose to be contacted via\nelectronic mail;\n  (ii) street address of self-storage facility where goods will be\nstored;\n  (iii) the actual monthly occupancy charge for the particular goods to\nbe stored expressed in dollars;\n  (iv) an itemization of other charges imposed or which may be imposed\nin connection with the occupancy, a description of each such charge,\nwhether the charge is mandatory or optional, and the amount of each\ncharge expressed in dollars;\n  (v) a statement of any limitation of damages limiting the amount of\nthe owner's liability in case of loss or damage of the goods setting\nforth a specific liability per room size or dollar amount beyond which\nthe owner will not be liable; provided that if damages are so limited, a\nstatement shall be included that such liability may on the written\nrequest of the occu

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