§ 2-494 Notices, Explanations, and Disclosures.
(a) Excepting the notice required pursuant to subdivision (g) of this section a self-storage facility operator must provide dated disclosures, notices and explanations required pursuant to this section or Administrative Code §§ 20-566.3, 20-566.4, and 20-566.5 in writing, using a method designated by the occupant, which may include mail, electronic mail, or text message. In addition to English, all such disclosures, notices, or explanations must be made in any other language which the self-storage facility operator uses to attract consumers.
(b) Occupancy Agreement.
(1) This subdivision shall apply only to occupancy agreements entered into after the effective date of these regulations.
(2) Each occupancy agreement must include the disclosures required by subdivision 2 of section 182 of the New York Lien Law.
(3) An occupancy agreement must not include any provision exempting the self-storage facility operator from liability for damages for injuries to person or property caused by or resulting from the negligence of the self-storage facility operator, their agents or employees, in the operation or maintenance of the subject storage unit or the self-storage facility, that would be void and wholly unenforceable pursuant to section 5-321 of the New York General Obligations Law.
(4) Each occupancy agreement must include a disclosure regarding the self-storage facility operator’s policies for:
(i) denying an occupant’s access to their personal property;
(ii) initiating a process for the public or private sale of an occupant’s personal property, including what notice period the self-storage facility will provide to the occupant to cure or remove the property; and
(iii) disputing or curing the reasons for such denial or sale.
(5) The first page(s) of each occupancy agreement must clearly and conspicuously include:
(i) the disclosures required by subparagraphs (iii) and (iv) of paragraph (a) of subdivision 2 of section 182 of the New York Lien Law;
(ii) the final amount the occupant must pay for the initial transaction, including an itemization of all charges actually imposed, including the occupancy fee and any non-recurring fees or charges;
(iii) the guaranteed duration of the occupancy fee in effect for the first month of the occupancy agreement;
(iv) the maximum occupancy fee that the self-storage facility operator could charge during the first 12 months following the date of the occupancy agreement; and
(v) the following statement in bold lettering:
Notice: If you fail to pay your occupancy fee or other charges, [name of self-storage facility operator] may deny you access to your personal property and, after providing notice, sell your personal property to recover unpaid charges.
(c) A self-storage facility operator must post the current master schedule of rates on its website in a clear and conspicuous manner.
(d) A self-storage facility operator must provide the notice to the occupant to inform them of a new rate or charge that was not previously included in the schedule of rates required by Administrative Code § 20-566.3 at least 60 days prior to imposing such new rate or charge.
(e) Each notice of an increased occupancy fee provided to the occupant, as required by Administrative Code § 20-566.4, must include instructions for how to cancel the occupancy agreement.
(f) Each billing statement must contain the following statement:
If you fail to pay your occupancy fee or other charges by [insert date], [name of self-storage facility operator] may deny you access to your personal property and, after providing notice, sell your personal property to the extent necessary to recoup unpaid charges.
(g) A self-storage facility operator must provide notice of its enforcement of a lien via a public or private sale as required pursuant to subdivision 7 of section 182 of the New York Lien Law and in addition through text message if (i) the occupancy agreement states that the occupant has consented to receive late or lien notices by text message, and (ii) the occupant has provided the occupant’s phone number in at least two locations within the occupancy agreement. Such notices must in a clear and conspicuous manner disclose that they are from a self-storage facility and that they pertain to the enforcement of liens.
(h) At least 60 days prior to the 1-year anniversary of the date the occupant entered into the occupancy agreement, and every year thereafter, the self-storage facility operator must provide notice of the maximum occupancy fee that the self-storage facility operator could charge during the next 12 months. Such notice must provide the occupant with instructions for how to cancel such occupancy agreement.
(i) A self-storage facility operator must disclose the average percentage increase, as calculated in a manner prescribed by the Department on its website, imposed on individual occupants over the prior two calendar years beginning with the period from January 1, 2026 to December 31, 2027. Such information must be posted no later than February 1 of each year, providing the data from the prior two calendar years, in a clear and conspicuous manner on the self-storage facility website and a copy of such information must be provided to any occupant before entering an occupancy agreement at the self-storage facility.
(Added City Record 8/18/2026, eff. 9/17/2026 and 11/1/2026*)
* Editor's note: Pursuant to the adopting rule, subsections (a), (b), (c), (e), (f), (g), (h), and (i) are effective on November 1, 2026.
