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S 9870

Enacts "Shavon's law" prohibiting enforcement of a lien where an occupant has a pending social services department storage fee assistance request or appeal

2025 Regular Session Introduced by Luis Sepúlveda

Prevents storage liens from being enforced while a social services storage assistance application, denial, or fair hearing is pending or appealed.

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Bill Summary · S 9870

Summary of Bill: S 9870 (2025-2026) – Shavon’s Law (New York)

Main purpose and intent

  • Establishes protections to prevent enforcement of a lien on an occupant’s goods in a self-storage facility when the occupant has a pending storage assistance request or appeal with a social services department.
  • Aims to ensure that storage liens and related sales do not proceed while a public storage assistance application, denial, or fair hearing is pending or being appealed.

Key provisions and changes

  • Definitions added to the lien law (Subdivision 1, new paragraphs i–k):

    • Social services department: the city/county agency administering public assistance or care in a social services district.
    • Storage assistance: any grant/benefit to pay storage or related fees.
    • Supporting evidence: documents showing an application, receipt, determination, fair hearing request/status, or related mobile app evidence.

  • Notice and designation modifications (Subdivision 2, new subparagraph (ii)):

    • Requires capturing the social services department’s name, address, email, and phone as the responsible party for payments under the occupant’s agreement.

  • Occupancy agreement notices (Subdivision 2, revised §182):

    • Retains existing required notices and adds emphasis that if there is a pending storage assistance payment, application, or fair hearing, the social services department may be responsible for timely certification and any resulting storage costs caused by delays.

  • Storage lien enforcement restrictions (Subdivision 7-a; new):

    • When a social services department pays or is designated to pay, the owner must also send copy of lien-related notices to the designated social services contact or attorney.
    • The social services department must, within 10 days of receiving such notice, issue written certification about:
    • Whether a storage assistance payment or application is pending.
    • Whether an application was denied and the denial date.
    • Whether a fair hearing has been requested and its status.
    • A standard certification form will be published by the Office of Temporary and Disability Assistance, including a notice guiding occupants to provide supporting evidence if they disagree with certifications.
    • The owner may not enforce a lien until a written certification is received. If the department fails to provide the certification within 10 days, the department bears the subsequent storage costs due to delay.
    • If supporting evidence is provided or the department certifies pending storage assistance, lien enforcement is paused until:
    • A fair hearing determines ineligibility; or
    • Sixty days pass after a determination of ineligibility if no fair hearing was requested.

  • Administrative and procedural clarifications (various sections):

    • The lien law’s procedures for lien enforcement, notices, and timelines are adjusted to accommodate pending storage assistance, with heightened protections for occupants during the pendency of applications or appeals.

Who is affected

  • Occupants of self-storage facilities who have pending social services storage assistance applications, denials, or fair hearing requests.
  • Social services departments (local OTDA in NY) responsible for processing storage assistance applications, determinations, denials, and fair hearings, including certification communications to storage facility owners.
  • Storage facility owners and lienholders, who must adjust enforcement actions based on pending storage assistance status and comply with new certification and notice requirements.
  • Attorneys and designated recipients for service in related enforcement actions (as per new subdivision 7-a(b)).

Significant procedural and timeline aspects

  • Certification timeline: Social services department must provide written certification within 10 days of receiving the owner’s notice.
  • Enforcement pause: Lien enforcement is halted while storage assistance is pending or during related fair hearings, subject to specified conditions.
  • Documentation requirements: Introduction of a defined set of “supporting evidence” and a standard certification form to streamline compliance and verification.
  • Notice requirements: Expanded notice and electronic communication provisions for lien notices when storage assistance is involved.
  • Effective date: The act takes effect 60 days after becoming law. Implementation provisions authorize immediate work to align rules and regulations with the bill’s requirements.

Overall impact

  • Provides a legal shield to occupants against lien enforcement and sale of their stored goods during storage assistance processes.
  • Trains and coordinates communication between storage facility owners and social services departments to ensure timely, accurate information about pending storage assistance.
  • Seeks to reduce the risk of losing personal property due to lien enforcement while individuals pursue public support for storage-related costs.

Compiled from official sources — confirm details with the bill’s official record.

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