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Self-Storage Facilities May Be Violating New York State Law
By Robert J. Boumis
It is estimated that in the United States, there is more than 1.6 billion square feet of self-storage available, and tens of millions in other countries in the world. One in 10 U.S. households rent a storage unit in the United States.
It’s a simple business model: you rent a space to store your belongings, freeing up room in your home. But sometimes people fall behind on their payments. In this situation, self-storage operators may legally auction off the possessions in their mini storage facility. However, in New York, various state laws protect the individuals who rented self-storage units, and if you’ve had your possessions auctioned without proper notice, you may be entitled to compensation.
The principal demand for storage units comes from people moving. People move for a number of reasons, including changes in employment, death in the family, and divorce. People in such situations sometimes do not have predictable income streams, and this can lead to them struggling to make payments on a rental space, or falling behind on their dues. In these situations, rental unit companies often have the option of breaking the renter’s lock and auctioning off the contents of the rental unit, a practice popularized by “Auction Hunters” and similar reality TV programming.
In the state of New York, consumers have special rights. The owners of rental companies are required by law to make an effort to contact you before auctioning off your goods. If a mini-storage company auctions off a customer’s property without properly notifying them, they may be legally liable.
Class action lawsuits are already underway by self-storage renters who did not realize that under New York law, they were protected from the improper sale or auction of their stored goods. These lawsuits have been filed – or are preparing to be filed — against prominent New York storage companies, including Manhattan Min Storage, American Self-Storage, Shurgard, and Chelsea Mini Storage. These lawsuits allege that these self-storage companies seized and auctioned or sold off the stored goods, without giving proper notice.
If you have had goods seized and auctioned off by a New York storage unit company without proper notice, you may be eligible to participate in a free class action lawsuit investigation. Learn more at the New York Mini Storage Property Seizure Class Action Lawsuit Investigation.
Updated July 1st, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
3 thoughts onSelf Storage Facilities May Be Violating New York State Law
My sister died on Jan 1, 2023. As I was going through her paperwork I noticed a bill she had from Public Storage from 2017 which I had forgotten that she had a storage unit.
I am putting a complaint in about Diane Cruz, district manager of Orlando and also Karen, property manager who will not give me her last name along with Amy who works at 4801 S. Sermeron Blvd Orlando, Florida. I had called the main number in California to complain to Karen about how she had no clue what she is doing and California customer service said that Diane Cruz District Manager will get back to me in 24 to 48 hours. I had never heard from Diane Cruz, I have been waiting since around Feb 20, 2023 till now March 9, 2023.
I had called Public Storage on Jan 4, 2023 I had spoken to Karen and had asked if there was a storage unit under my sister’s name and I was told by Karen there was and I had asked what I needed to do since my sister had passed away. I was told by Karen, property manager, which I needed to send a death certificate. I had told her that I was waiting for the State to send me the Death Certificate. I had told Karen as soon as I get the Death Certificate I will call back to find out what I need to do. Karen told me that I needed it to be notarized, I was assuming that the death certificate itself had to be notarized and that was the end of the conversation. Karen had never told me that Jan was paid. I was assuming that it was not paid and all that Public Storage needed was the death certificate.
I had called on 2/1/2023 and talked to Karen. I had asked how come I had never received a bill in the mail under my sister’s address. I was told by Karen they do not send bills out. I had asked her how I would have known if she had a storage bin if she does not get a bill by regular mail. She kept on saying they do not send bills out and it is only through email or text. I had told her that this was not fair on the relative, how would they know if they had a unit and they passed on then all her belongings go up for action without notice. I had asked her if I can get a copy of the bill for what my sister owes and she said she does not send bills out. Karen said I had until Feb 28, 2023 which I was assuming that the storage was paid up till then. I had asked Karen if the bill is past due, don’t you send a late notice and Karen said no they do not send any notice by regular mail only thru email and I asked her what do you do if the person dies, she could not answer me but kept saying thru email or text. She never mentions how Feb was not paid.
On 2/1/2023, I had called another number 1-800-567-0759 and I had talked to a woman and asked her if I could get a copy of my sister’s bill to look over since she had passed away. She said I had to go into my account by email or text. I had explained to her I was calling in regards to my sister’s death and I was not able to get into her account. She kept on saying the only way I was able to check was to go into her account under her email or by text. I told her I don’t know my sister’s password so how would I be able to get into her account. The woman kept on repeating herself that I was not getting anywhere with her.
I had called Feb 20, 2023 to let Karen know that I had received the death certificate to find out where to send it. Karen told me that I needed to have the Death Certificate notarized. I had no idea what she was talking about when it had the approval stamp of New York. She told me that I needed to go to another Public Storage by myself and ask for Death paperwork for Florida. I had asked Karen if she could email the paperwork and she said no. Karen gave me the Legal Department phone number 866-247-6620 which is not a Legal Department number it is just the regular customer service phone number for Public Storage. I had no idea why she was giving me the phone number for the Legal Department when she was telling me to go to the Public Storage. Karen kept on saying I had till Feb 28, 2023. When you talk to Karen she never makes sense, I was trying to find out if the units need to be paid and all she kept on saying I had till Feb 28, all I wanted was a straight answer She keeps repeating herself and would not listen to what I had to say if they need to be paid and if I can get a copy of a bill. Thinking I had 8 more days left to go into the units and retrieve my sister’s belongings since Karen keeps saying I had till Feb 28, 2023. Since I am in New York I was going to send my niece Carolyn since she lives in Orlando. I had asked Karen if there was an emergency contact on the paperwork, Karen said there was no emergency contact on the paper.
On Feb 20, 2023 I had called the so called Legal Department which there is no such department when I had called. I had talked to a woman and I told her what was the problem I was having in Florida with the units not being paid since my sister died and that I wanted to talk to someone over Karen. The women at the main number in California told me that the payment did not have to be paid since my sister had died and they will squash it and I will be able to enter the units. She also said that a District Manager will contact me in 24 hours. I had called Karen back and told her that I had called the number she had given me and they said since my sister died I did not have to pay for the units. Karen then told me that I owe for Feb $1,084.08. Karen never mentions that I need to pay for Feb. $1,084.08 when I had called her on Feb 1, 2023. Karen did not want to hear what I had to say about what the people in California told me.
I had called back the number 866-247-6620 and had talked to a man and he had also said they will squash the payments due to my sister’s death. I wanted to double check to see what the first women had told me if the payments were going to be squashed. I called Karen back and told her again what the people in California had told me and Karen did not want to listen to what I had to say. I had asked Karen if she could call that number that she had given me to double check what they had told me and she said NO! I had asked Karen if I can talk to someone higher up and she said she will email the District Manager.
Feb 26, 2023 I called again the California phone number and I had talked to a different women and told her the same story and she also told me to hold on she was going to talk to her supervisor and when she got back on the phone she also said that once I bring in the death certificate into a Public Storage store the payments will be squashed.
I had called on Feb 26, 2023 and left a message for Karen to call me.
Feb 27, 2023 the next day I had brought the death certificate to Norwood, NJ and a man had helped me with the problem. I gave him the death certificate and also the license of my niece to enter the units he had entered the info into the system.
Tuesday Feb 27, 2023 Karen called and told me that I needed to pay for the units and I told her I was told by customer service headquarters in California they were going to squash the bill. Karen kept arguing with me instead of calling California to find out the info. I told Karen I did what you told me to do which was to bring the death certificate to a local Public storage so my niece can go into the unit. Karen said “no” not till the bill was paid and I needed to go back and ask for an affidavit for my niece to go into the units.
I had asked Karen if she had gotten in touch with Diane Cruz and she told me she had emailed her. I had asked for Diane Cruz’s phone number but she said she is not allowed to give it to customers.
Karen gave the phone to Amy who works at 4801 S. Sermeron Blvd Orlando, Florida along with Karen. I had asked Amy about the district manager if she can ask her to call me and Amy said there is no reason for the district manager to contact me.
March 1, 2023 left message for Karen that she told the women at Public Storage in Norwood, NJ what form to give me and it was Declaration pursuant to Florida Probate Code Sections 733-735a Probate form for my niece to sign which my niece is not on the Will she is no relation to my sister. I had called Karen and asked her why I would want this paperwork for a Probate for my niece to enter the Unit. I told Karen this is not the right paperwork.
I had also told Karen that I was told by the staff when I went to Norwood in NJ, Nicol told me there was Gray Strait as an emergency contact. I told Nicol wow, I was told by Karen there was no emergency contact.
March 1, 2023 Karen called and I told her it was the wrong paperwork that she had the girl to give me. All Karen kept saying that I had to pay and she kept repeating herself. I told her I am in NY and my Niece is in Orlando Florida, and I wanted my niece to go for me. What paperwork do I need for her to be able to have access to the storage unit? Karen kept on saying I had to pay and I told her I understand that but I want to make sure that my niece has access first. Karen then said she wanted my niece’s phone number and I told her no cause I know you plan on talking to my niece to get her to pay and that was not going to happen when it was not her problem and she is no relation to my sister and Karen hung up on me.
March 2, 2023 left another message for Karen with the same problem in the wrong form.
March 2, 2023 Karen called and told me that I need to go to Public Storage again a third time to give a copy of the Will. I told her the paperwork that she told the girl to give me yesterday was the wrong paperwork for my niece to fill out that she is not on the Will. I got mad at Karen on the phone and I said to her, what is it going to be tomorrow, I had a lot to do since my sister died. I don’t have time to keep going to Public Storage. Karen said she can only do one step at a time. The woman does not know what she is doing. Someone needs to train her how to handle paperwork, not that the person has to keep going to Public storage to do each step. Yes, I lost my temper, going to Public Storage three times because the woman does not know her job and I have to waste my gas and time. I had words with her and she hung up on me.
March 3, 2023 Went to Public Storage to give a copy of the Will so Karen can have it for me to do the next step. Public storage was closed and called Karen from the car to let her know I had tried to give a copy to Public Storage but they were closed. I went home to see if there is another Public Storage close by so I can bring them a copy for them to send to Karen.
March 3, 2023 I had called 201-350-5424 and waited on the phone to talk to a girl to transfer me over to a supervisor Latisha who called Public Storage in Norwood which was not open during their hours 9:30 to 6:00 a.m. Time now is 11:30 am. Latisha had emailed them and told them to call me so I can bring a copy of the Will to them to send to Karen.
March3, 2023 went to Norwood to give the Will, Nicol called and talked to Karen, the District Manager is supposed to get back to me when they approve it. I asked Nicol how long it would take . She said a day to two. I told Nicol when I talked to Karen she told me it could take up to a week or more for them to approve it cause it had to go to their legal department.
March 4, 2023 I had talked to Karen and I asked how come the District Manager never called me after 4 days. Karen told me that I need to write a letter for Carolyn to go into the unit. Karen never likes answering questions. I can guarantee that Karen never sent the email to the District Manager, Diane Cruz. I am sure Karen knows why because she knows she does not know her job and is afraid of getting reprimanded . Strange how I got approved in one day from the District Manager which I assumed was Diane Cruz.
March 5, 2023, Nicol called and told me that I was able to go into the unit and to come in and sign a paper for Carolyn to go into units.
March 5, 2023 I was told by Karen that I need to write a letter with all the information on it. I had asked Karen how come Norwood, NJ does things differently and seems more efficient and never has a problem with them. She was not able to answer me and she was abrupt and nasty like always.
March 5, 2023 I had received a call from Amy at 407-545-2547 asking for payment. She was very nasty. Was trying to tell her nobody last month had called me to let me know that the rent was due. Why all of a sudden I am getting a phone call to let me know. She was not even able to talk right. She was stumbling all over her words then she said she had to go cause a call came in, did not hear the phone ring on her end. Told me she was writing all notes down and I told I was too. I had asked her again when the District Manager was going to call me, she said there was no reason either. I am guessing Karen never sent the email to the District Manager Diane Cruz.
March 6, 2023 went to sign up Carolyn for the bin in Norwood had no problem.
Nicole and the rest of the staff were easy to deal with. they knew what they were doing with no problem, in Norwood, NJ.
I suggest that Karen and Amy should take lessons from Nicol and the staff in Norwood, NJ.
Diane Cruz, I would say her also but I think Karen never sent her the email.
Because of Karen, District Manager, and your staff in Californian’s has the lack of knowledge of procedure what to do I had to incur charges from Feb Jan 4, 2023 till March 3. Not one person was able to guide me the right way that I had made so many phone calls telling me what I needed to do correctly the first time. You can make three calls and get three different answers at the same place. Seems to me the only people who had knowledge were Norwood, New Jersey.
You have two incompetent people, possibly three Diane Cruz that work for you. Karen in Orlando has no clue what she is doing and I wasted 2 months when it could have been taken care of back in Jan. and just waited for the Death Certificate. Amy was very rude when I called, Amy picked up the phone and saw my name. She made a comment saying “OH MY GOD IT IS HER AGAIN.” I had talked to Amy and she would laugh, she thought this was a funny situation. She told me she had to put me on hold. I was watching the clock which was about 5:45. I waited until it was getting close to closing time at 6:00. I knew what she was doing. Amy never had gotten back on the phone. It was after 6 p.m. I was going through bad times knowing my sister was murder and had to deal with the sheriff and detective. It was not a normal death.
I used to work with my ex-husband with Duffy Movers, which is over 50 years in business. Sometimes they would rent storage units. When I talk to my nephew I am going to let him know what I have been through with Public Storage and hope he will never use them. There is always a meeting for moving companies every month and I am sure if that word gets out about Public Storage, how your staff is not able to run the business the right way, I am sure they will not use Public Storage. I have seen many lawsuits when I had researched Public Storage.
My sister was paying from 2009 till 2022. You can give people a break when there is a death in the family. By the way I had also used the same location when I had moved to Fla and had units for several years.
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At present I have items in storage at a facility in Queens County, NY. One day last month I entered my unit and was dismayed at finding rat dropping all over the unit and on some of my personal items ruining them. When I brought this to the attention of the person on duty he asked if I wanted to notify the insurance company. At this point I was told I would be contacted about having an exterminator treat my unit. An appointment was arranged for me to meet the exterminator at the unit but I could not comply and called to notify the facility via voice mail. Can I take the facility to small claims court for damages? And what impact does insurance have on my ability to claim monetary damages. Thank you for any guidance or advice you can offer.