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Event:Six Things Self-Storage Operators MUST Disclose to Their Tenants
Part of the Legal Learning Series

Date: Tuesday, October 14; 11:30 a.m. - 12:30 p.m. ET
In managing your self-storage operation, you probably wonder about the process of presenting your rental agreement to tenants. Should you review the document with each customer item by item, page by page? Should some provisions be emphasized, perhaps even initialed by the renter? During this webinar, Jeff Greenberger will address six items you need to discuss with tenants before they sign your lease. The list may surprise you and change the way you present your rental agreement to customers.

Event: Risk Management in Self-Storage: Using Insurance to Minimize Expenses and Maximize Profitability
Sponsored by Bader Company

Date: Tuesday, November 18; 11:30 a.m.-12:30 p.m. ET
Every self-storage facility should have a comprehensive risk-management plan that includes insurance. But what many operators and managers don't realize is they can actually minimize expenses and maximize income using the appropriate combination of commercial coverages and a solid tenant-insurance program. Insurance designed for the self-storage industry saves money and reduces risk, while tenant insurance can serve as an additional profit center. During this webinar, you'll learn how to protect your business in the event of a loss and add to your bottom line.

www.insideselfstorage.com/webinars

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Vermont will have a Self Storage Facility Act on Jan. 1st 2009

ACT OF THE GENERAL ASSEMBLY 2007-2008
NO. 183. AN ACT RELATING TO SELF-STORAGE FACILITIES.
(S.244)
Vermont Text
For more information, contact Judith Burke at 518.462.3333 or judith@nycapcon.com

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To restate, clarify, and revise the Soldiers' and Sailors' Civil Relief Act of 1940.

Public Law No: 108-189

Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to: (1) rename the Act as the Servicemembers Civil Relief Act; (2) add to the definition of "military service" active service by members of the National Guard of more than 30 consecutive days, as well as any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause; (3) include a definition of "dependents" for purposes of dependent coverage; (4) extend certain rights and protections to reserve personnel ordered to report for military service; and (5) authorize any servicemember to waive any of such rights and protections, pursuant to written agreement.

SEC. 307. NOTE: 50 USC app. 537. ENFORCEMENT OF STORAGE LIENS.
(a) Liens.--
(1) Limitation on foreclosure or enforcement.--A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) Lien defined.--For the purposes of paragraph (1), the term `lien' includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
(b) Stay of Proceedings.--In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service--
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.

The provisions of this subsection do not affect the scope of section 303.
(c) Penalties.--
(1) Misdemeanor.--A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(2) Preservation of other remedies.--The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any consequential or punitive damages.

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Homeland Security Information Bulletin

Homeland Security Information Bulletin
Title: Potential Indicators of Threats Involving Vehicle Borne Improvised Explosive Devices (VBIEDs)
Prepared by: Risk Assessment Division, Information Analysis Directorate, Department of Homeland Security.

The following information is meant to advise the public as well as people who own and operate facilities about possible indicators of terrorist attack planning. DHS encourages individuals to report information concerning suspicious or potential criminal activity to law enforcement or a Homeland Security watch office. Individuals also may report incidents to the Homeland Security Center (HSC) at 202-282-1616, email to State.Local.HSCenter@dhs.gov.

Potential Terrorist Use of Self Storage Facilities Notice Federal Bureau of Investigation

The Federal Bureau of Investigation (FBI) is requesting the assistance of storage facility owners, operators, and employees in the fight against terrorism. There have been recent discoveries indicating that Al-Qaeda may be planning an attack using improvised explosive devices (IEDs). Historically, terrorist plots that involve IEDs have utilized rental storage facilities to house parts of the bomb or other supplies until the plotters have the time to assemble the weapon or prepare for the attack.........

To view rest of story please see the F.B.I website at http://www.fbi.gov/

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Federal Identity Theft Protection Act Pending...

Ted Stevens (R-Alaska), John McCain (R-Ariz.), Daniel Inouye (D-Hawaii) and Gordon Smith (R-Ore.) have co-sponsored the latest federal bill concerning ID Theft and security breach notification.
S.1408 provides would
Require notification of security breaches that affect more than 1,000 individuals.
Preempt state laws related to security breach notification.
Provide for state attorneys general enforcement
Penalize violators up to $11,000,000
Restricts the use of social security numbers.

The Library of Congress > THOMAS Home,Bills,Resolutions

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New Jersey to tax Self Storage

S2628 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.

SENATE BUDGET AND APPROPRIATIONS COMMITTEE STATEMENT TO SENATE, No. 2628

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Wisconsin Assembly Bill 1065 signed by Governor Jim Doyle May 25th 2006

SECTION 1. 704.90 (4b) of the statutes is created to read: 704.90 (4b) LATE FEE. (a) The operator may charge a reasonable late fee for each month a lessee does not pay rent by 5 weekdays after the rent is due if the amount of the late fee is contained in the rental agreement.
(b) A late fee of $20 or 20 percent of the monthly rental amount, whichever is greater, is presumed reasonable. An operator may charge a higher late fee but has the burden of proof that the higher late fee is reasonable.
Wisconsin 704.90

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California State Insurance Code

Chapter 5, Part 2, Division 1.
A licensed Self-Service Storage facility or it's franchisee may act as a Self-Service Storage agent authorized to offer or sell hazard insurance coverage to renters for the loss of, or damage to, tangible personal property in storage or in transit during the rental period. This coverage may be offered only with, and incidental to, self-service-storage rental agreements.
Authorizing Act:

California State Insurance Code Chapter 5, Part 2, Division 1.
A licensed Self-Service Storage facility or it's franchisee may act as a Self-Service Storage agent authorized to offer or sell hazard insurance coverage to renters for the loss of, or damage to, tangible personal property in storage or in transit during the rental period. This coverage may be offered only with, and incidental to, self-service-storage rental agreements.

Application
The applicant is required to complete an application. Applicants can be either individuals or business entities. If the applicant is an organization (business entity), Form 441-11 , must be submitted. If the applicant is an individual, Form 441-9 , must be submitted. Note: The Notice of Appointment on this form is not acceptable, the SSA 2 must be completed.
California residency is not required
Insurer certification
A Self-Service Agent Notice of Appointment (SSA 2) must be completed by an authorized insurer certifying that the insurer has satisfied itself that the named applicant is trustworthy and competent to act as its insurance agent limited to this purpose. The insurer will appoint the applicant to act as its agent to transact self-service storage insurance.

Requirements - Employer
Provide a training program pursuant to Section 1758.72(a)
Establish a list of trained endorsees, using Form (SSA 1); update and maintain list annually, retain list for 3 years
Submit modifications to training materials 30 days in advance of implementation
Renew license on or before the 2 year expiration date Pay any enforcement costs

Requirements - Employee
18 Years of age or older
Must be listed as an authorized endorsee on form (SSA 1) maintained by the self-service storage company
Must complete mandatory training
California Department of Insurance

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Florida RESIDENT IN-TRANSIT AND PERSONAL PROPERTY INSURANCE AGENT

2-31 In-Transit and Personal Property Insurance

Florida Statutes 626.321 (1) (i) defines "IN-TRANSIT AND PERSONAL PROPERTY INSURANCE" as insurance of personal property not held for resale, covering the risks of transportation or storage in rented or leased motor vehicles, trailers, or self-service storage facilities. The license is issued to employees or authorized representatives of lessors who rent or lease motor vehicles, trailers, or self-service storage facilities and who are authorized by an insurer to issue certificates or other evidences of insurance to lessees of such motor vehicles, trailers, or self-service storage facilities under an insurance policy issued to the lessor.

Application Qualifications:

Complete an online application for License and submit appropriate fees.
Be a natural person at least 18 years of age.
Be a bona fide resident of the state of Florida.
Be a United States citizen or legal alien who possesses a work authorization from the United States Immigration and Naturalization Services.
Be fingerprinted by the County School Board, via livescan process.


If licensed in another state within three years, provide a Letter of Clearance.
Florida Department of Insurance

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Other States Insurance License Requirements

Peter Johnston of MiniCo's TenantOne Customer Insurance Program (Pay with Rent) tells us that other states includinging Illinois, Texas, North Carolina, New Jersey, have a limited license requirement for Self storage facilities and/or employees who are engaged in selling self storage insurance to tenants, (Pay with Rent).
For More information, contact Mr. Johnston at MiniCo 1-800-253-5858, for more information.

We will have the Insurance Commisioner information for those states soon.
Arizona Senate has passed S1241, which will require a limited insurance license for storage operators

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PODS and Other Portable Storage

California has portable storage,(no greater that 1,100 cubic feet) as part of their Self Storage Lien Law. If starting a franchise make sure you contact an attorney prior, to make sure that your Rental Agreement covers any applicable state statutes.