Int. No. 1290
By Council Members Menin and Louis
A Local Law to amend the administrative code of the city of New York, in relation to licensing self-storage warehouses, and to repeal and replace section 20-475 of such code, relating to definitions applicable to storage warehouse licensing, and to repeal section 20-479 of such code, relating to a requirement that a licensed storage warehouse operator file a bond
Be it enacted by the Council as follows:
Section 1. Section 20-475 of the administrative code of the city of New York is REPEALED and a new section 20-475 is added to read as follows:
§ 20-475 Definitions. As used in this subchapter, the following terms have the following meanings:
Household goods. The term “household goods” means property commonly used in a household, including but not limited to furniture, clothing, and appliances, but not including goods stored by or on behalf of a merchant for resale or other use in the merchant’s business.
Self-storage warehouse. The term “self-storage warehouse” means a building or structure, or any part thereof, in which a consumer’s household goods are placed by such consumer for storage for compensation, and such consumer is to have access thereto for the purpose of storing and removing such household goods.
Storage warehouse. The term “storage warehouse” means a building or structure, or any part thereof, in which a consumer’s household goods are accepted for storage for compensation and includes any self-storage warehouse, but excludes a building or structure, or any part thereof, in which such goods are stored by or on behalf of a merchant for resale or other use in the merchant’s business.
Storage warehouse operator. The term “storage warehouse operator” means a person operating a storage warehouse.
§ 2. The section heading of section 20-477 of the administrative code of the city of New York is amended to read as follows:
§ 20-477 Duties of storage warehouse operator.
§ 3. Section 20-479 of the administrative code of the city of New York is REPEALED.
§ 4. Section 20-480 of the administrative code of the city of New York is amended to read as follows:
§ 20-480 Insurance. Every storage warehouse operator shall offer insurance to each customer in accordance with terms and conditions to be determined by the commissioner but in no event shall any goods be insured for less than the amount established by the commissioner. All customers shall be informed of the minimum insurance rate and the availability of greater insurance and the charges made for such additional insurance.
§ 5. Section 20-481 of the administrative code of the city of New York is amended to read as follows:
§ 20-481 Form contract. The commissioner may establish a form contract for use by all storage warehouse operators, provided that the commissioner shall structure such contract for use by an operator of self-storage warehouse in accordance with section 182 of the lien law.
§ 6. Section 20-482 of the administrative code of the city of New York is amended to read as follows:
§ 20-482 Deposit of household goods by city representatives. No representative of the city, including but not limited to sheriffs and marshals, shall deposit on behalf of the city any household goods in a storage warehouse that is not licensed pursuant to this subchapter.
§ 7. Section 20-483 of the administrative code of the city of New York is amended to read as follows:
§ 20-483 [Penalties] Enforcement. a. The commissioner may suspend or revoke the license of any storage warehouse operator who is found to have committed [five] 5 or more violations of this subchapter within a [two year] 2-year period.
b. [In addition to any penalties or remedies provided for in chapter one of this title,] 1. Enforcement under this subchapter shall be in addition to any other applicable enforcement under this chapter, including but not limited to enforcement under sections 20-104, 20-105, and 20-106, except that the civil penalties, fines, and other punishment set forth in paragraph 1 of subdivision b of section 20-105 and subdivisions a and b of section 20-106 do not apply to violations of this subchapter.
2. Except as provided in subdivisions c and d of this section, a storage warehouse operator who [shall violate] violates [or fail to comply with] any [provisions] provision of this subchapter or [who fails, omits or neglects to obey, observe or comply with any order, rule, direction, demand or requirement of the department or who shall fail to maintain and comply with the schedule of rates and charges filed shall be] any rule promulgated thereunder is subject to a civil penalty not to exceed [the sum of one thousand dollars] $1,000 for each [and every offense] violation. [Every] Each such violation [of any such order, rule, direction, demand or requirement of the department, or of any provision of this subchapter, shall be] is a separate and distinct [offense] violation and in case of a continuing violation, every day’s continuance thereof [shall be deemed to be] is a separate and distinct [offense] violation.
c. Any person who is not a licensed storage warehouse operator under the provisions of this subchapter who [shall operate] operates a storage warehouse [shall be] is subject to a civil penalty of [one thousand dollars] $1,000 for each day of operation without a license.
d. Any person who is not a licensed storage warehouse operator who [shall advertise] advertises, [represent] represents in any manner, or [claim] claims to operate a storage warehouse [shall be] is subject to a civil penalty [of one thousand dollars] not to exceed $1,000 for each violation.
e. Any person who [shall] willfully [make] makes any false entry in the [accounts or in any record or memorandum] records kept by a storage warehouse operator pertaining to the storage warehouse operator’s business, who [shall] willfully [destroy or falsify] destroys or falsifies [a record of any such account, record, or memorandum] such records, or who [shall] willfully [neglect or fail] neglects or fails to make full, true, or correct entries in such [accounts,] records[, or memoranda of all facts and transactions pertaining to the business of the storage warehouse operator] or [shall keep any accounts or] keeps any records with the intent to evade the provisions of this subchapter [shall be] is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than [one thousand dollars] $1,000 or imprisonment of not more than [thirty] 30 days, or by both such fine and imprisonment.
§ 8. This local law takes effect 120 days after it becomes law, provided that the commissioner of consumer and worker protection shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date; and further provided that any provision of subchapter 28 of chapter 2 of title 2 of the administrative code of the city of New York, as amended by this local law, or any rule promulgated thereunder, does not apply to any self-storage warehouse occupancy agreement executed prior to the effective date of this local law, except that any extension, renewal, amendment, or modification of such occupancy agreement occurring on or after the effective date of this local law shall make such occupancy agreement subject to such subchapter.
NAW
LS #18377
05/22/2025 11:55 AM