Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges at a campground.
TITLE OF BILL: An act to amend the lien law, in relation to establishing a campground owner's lien
PURPOSE: Establishes a lien, for the benefit of a campground owner, on the recreational vehicle of a campground guest for unpaid charges to the campground.
SUMMARY OF PROVISIONS:
Section 1- Creates a new section 181 of the lien law, which defines a campground, campground owner, guest, occupancy agreement and recreational vehicle. Further the bill provides for a lien against a recreational vehicle if a guest is in default in payment of occupancy fees and other charges for a period of 30 days. The campground owner is required to provide additional notice, served by certified mail, which advises that the guest is in default and his or her recreational vehicle will be removed from a campsite and that proceedings will be commenced to enforce a lien under article 9 of the lien law. The notice shall also provide the guest with notice to remove his or her personal property from the recreational vehicle prior to the time that it is sold pursuant to article 9. The lien provided for in this section is superior to any other lien or security interest.
JUSTIFICATION: In essence, a campground owner is no different than a garage keeper of self-service storage facility owner, who is entitled to a lien when a customer or occupant defaults under the terms of a storage contract or occupancy agreement. Campground owners are particularly susceptible when long-term guests fall behind in payments and abandon their recreational vehicles at the end of camping season. The remedies provided under the lien law are the only cost effective way for a campground owner to recoup his or her losses under these circumstances.
LEGISLATIVE HISTORY: 2012: S.6968 Referred to Judiciary; A. 9980 Referred to Judiciary
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1007--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the lien law, in relation to establishing a campground owner's lien THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The lien law is amended by adding a new section 181 to read as follows: S 181. CAMPGROUND OWNER'S LIEN. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, WHERE FIVE OR MORE CAMPSITES ARE MADE AVAILABLE FOR USE AS TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE. (B) "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR AN AGENT OF SUCH OWNER OR OPERATOR. (C) "GUEST" MEANS A PERSON WHO ENTERS INTO A WRITTEN OCCUPANCY AGREE- MENT WITH A CAMPGROUND OWNER TO OCCUPY A CAMPSITE. (D) "OCCUPANCY AGREEMENT" MEANS ANY WRITTEN AGREEMENT BETWEEN A CAMP- GROUND OWNER AND A GUEST THAT ESTABLISHES OR MODIFIES THE TERMS, CONDI- TIONS, RULES OR ANY OTHER PROVISIONS CONCERNING THE USE AND OCCUPANCY OF A CAMPSITE. (E) "RECREATIONAL VEHICLE" MEANS A VEHICLE PRIMARILY DESIGNED AS TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR SEASONAL USE THAT EITHER HAS ITS OWN MOTIVE POWER, OR IS MOUNTED ON OR TOWED BY A MOTOR VEHICLE. 2. LIEN. A CAMPGROUND OWNER HAS A LIEN UPON A RECREATIONAL VEHICLE FOR OCCUPANCY FEES AND OTHER CHARGES THAT ARE SET FORTH IN AN OCCUPANCY AGREEMENT, TOGETHER WITH SUCH OTHER FEES AND CHARGES THAT A GUEST MAYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01204-02-3 S. 1007--A 2
INCUR IN A STORE, MARINA OR SIMILAR FACILITY OWNED OR OPERATED BY THE CAMPGROUND OWNER AND THE REASONABLE AND ACTUAL COSTS INCURRED BY THE CAMPGROUND OWNER IN ENFORCING A LIEN UNDER THIS CHAPTER. A CAMPGROUND OWNER SHALL NOT EXERCISE ANY OF THE RIGHTS AND PRIVILEGES UNDER THIS SECTION UNTIL A GUEST HAS BEEN IN A DEFAULT IN THE PAYMENT OF OCCUPANCY FEES AND OTHER CHARGES FOR A PERIOD OF THIRTY DAYS, AFTER WHICH TIME THE CAMPGROUND OWNER SHALL PROVIDE THE GUEST WITH WRITTEN NOTICE BY CERTI- FIED MAIL WHICH CONTAINS THE FOLLOWING: (A) A STATEMENT THAT THE GUEST IS IN DEFAULT FOR A PERIOD OF THIRTY DAYS OR MORE UNDER THE TERMS AND CONDITIONS OF HIS OR HER OCCUPANCY AGREEMENT; (B) THE AMOUNT OF SUCH DEFAULT; (C) A DEMAND FOR PAYMENT WITHIN FIFTEEN DAYS FROM THE DATE THAT NOTICE WAS MAILED; AND (D) A STATEMENT THAT, UPON A FAILURE TO PAY SUCH AMOUNT, THE GUEST'S RECREATIONAL VEHICLE AND OTHER PROPERTY WILL BE REMOVED FROM HIS OR HER CAMPSITE AND THAT THE CAMPGROUND OWNER WILL COMMENCE PROCEEDINGS TO ENFORCE ITS LIEN PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER. SUCH NOTICE SHALL ALSO PROVIDE THE GUEST WITH TIMES AND DATES THAT HE OR SHE MAY RETRIEVE HIS OR HER PERSONAL PROPERTY FROM THE RECREATIONAL VEHICLE AND THAT SUCH PROPERTY SHALL BE DEEMED TO HAVE BEEN ABANDONED IF NOT RETRIEVED PRIOR TO THE TIME AND DATE THAT THE RECREATIONAL VEHICLE IS SOLD PURSUANT TO ARTICLE NINE OF THIS CHAPTER. THE LIEN PROVIDED FOR IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST. 3. ENFORCEMENT OF LIEN. A CAMPGROUND OWNER'S LIEN SHALL BE ENFORCED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER. S 2. This act shall take effect immediately.