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New Jersey Self Storage Lien LawsS2628 has passed and will go in to effect on October 1, 2006 The rate of sales tax to be charged by the Self Storage facility is 7 percent S2628 Modernizes the sales and use tax. Kenny, Bernard F.as Primary Sponsor The bill extends the sales tax to charges for the following services: furnishing of space for storage, such as charges for self-storage rentals; courier and messenger services; tanning services; massage services, exempting medically prescribed services; tattooing and permanent body art; initiation fees, membership fees or dues for access to or use of the property or facilities of a health and fitness, athletic or sporting club or organization, except for membership in a club or organization whose members are predominantly age 18 or under; air commerce or air transportation which originates and terminates in this State; limousine services originating in this State, except as provided in connection with funeral services; and the issuance of a surety bond for the purpose of bail. The bill also includes a provision that clarifies the sales and use tax collection responsibility of a corporation that does not maintain a place of business in New Jersey but, through another corporation that is related through common ownership, conducts business activity in New Jersey through the actions of the related New Jersey agent corporation in furtherance of common marketing, promotion, selling or service activity. The Senate Budget and Appropriations Committee reports favorably Senate Bill No. 2628, with committee amendments. This bill extends the sales and use tax base, encompassing product categories that have come into being with new technologies, limiting some exclusions from taxation, and extending the tax to new services. New Jersey Statutes TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE Short title This act shall be known and may be cited as the "Self-Service Storage Facility Act." Title 2A, §2A:44-187. Definitions As used in this act: "Last known address" means that address provided by the occupant in the latest rental agreement, or the address provided by the occupant in a subsequent written notice of a change of address. "Occupant" means a person, the person's sublessee, successor, or assignee, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. "Owner" means the proprietor, operator, lessor, or sublessor of a self-service storage facility, the owner's agent, or any other person authorized by the owner to manage the facility, or to receive rent from an occupant under a rental agreement. "Personal property" means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, and household items. "Rental agreement" means any written agreement or lease, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in chapter 7 of Title 12A of the New Jersey Statutes. Title 2A, §2A:44-188. Lien on personal property; priority Except as specified in this subsection, the owner of a self-service storage facility or the owner's heirs, successors or assigns shall have a lien upon all personal property located at a self-service storage facility for rent, labor, or other reasonable charges due as specified in the rental agreement in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale under this act. The lien provided for in this section is superior to any other lien or security interest except those prior liens established pursuant to N.J.S. 2A:37-20, sections 3 and 12 of P.L.1966, c. 30 (C. 54:32B-3, C. 54:32B-12) and R.S. 54:35-19 and those as to which the occupant has notified the owner in writing. The lien attaches as of the date the personal property is brought to the self-service storage facility. Title 2A, §2A:44-189. Issuance of warehouse receipt, bill of lading, or other document of title; application of act. If an owner issues a warehouse receipt, a bill of lading, or other document of title for the personal property stored at the self-service storage facility, the owner and the occupant shall be subject to the provisions of chapter 7 of Title 12A of the New Jersey Statutes and the provisions of this act shall not apply. Title 2A, §2A:44-190. Satisfaction of lien An owner's lien for a claim which is more than 30 days overdue may be satisfied as follows: a. The occupant and the Division of Taxation in the Department of the Treasury shall be notified; b. The notice shall be delivered in person or sent by certified mail to the last known address of the occupant; c. The notice shall include: (1) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (2) A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it, except that any container including, but not limited to a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described without listing its contents; (3) A notice of denial of access to the personal property, if this denial is permitted under the terms of the rental agreement, which provides the name, street address, and telephone number of the owner, or the owner's designated agent, whom the occupant may contact to respond to this notice; (4) A demand for payment within a specified time not less than 14 days after delivery of the notice; and (5) A conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale. The notice shall specify time and place of the sale; d. Any notice made pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service, and properly addressed with postage prepaid; e. After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: (1) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in subsection c. (2) of this section; (2) The address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant; and (3) The time, place, and manner of the sale. The sale shall take place not sooner than 15 days after the final publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least 10 days before the date of sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located; f. A sale of the personal property shall conform to the terms of the notification; g. A sale of the personal property shall be public and shall be held at the self-service storage facility, or at the nearest suitable place to where the personal property is held or stored; h. Before a sale of personal property the occupant may pay the amount necessary to satisfy the lien, and the reasonable expenses incurred by the owner to redeem the personal property. Upon receipt of this payment, the owner shall return the personal property, and the owner shall have no liability to any person with respect to the personal property; i. A purchaser in good faith of the personal property sold to satisfy a lien, as provided for in section 3 of this act, takes the property free of any rights of persons against whom the lien is valid, despite noncompliance by the owner with the requirements of this section; and j. The owner may satisfy his lien from the proceeds of the sale, but shall deposit the balance, if any, in an interest-bearing account with notice given to the occupant of the amount and place of the deposit and of his right to secure the funds. Title 2A, §2A:44-191. Existing rental agreements; validity and enforcement All rental agreements entered into before, and not extended or renewed after, the enactment of this act, shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other law of this State. Title 2A, §2A:44-192.
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