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Thursday, August 11, 2022
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YOUR LATEST NEWS & RESOURCES

We have compiled the latest news and resources related to the self storage industry in your state.

LEGAL UPDATES - SUMMER 2020
 

Newspaper advertising elimination. The SSA and MN-SSA pursued SF3727 and HF3864 during the 2022 legislative session to eliminate the costly and ineffective advertising requirement in the state. Minnesota law currently requires two advertisements in the newspaper before an operator may proceed to sale. The proposed amendments would have permitted storage operators to bypass the newspaper advertising requirement. Instead, owners would have been permitted to advertise on an independent, publicly accessible website that advertises self storage lien sales or public notices. Unfortunately, the bills did not pass this session. The SSA and MN-SSA will pursue similar bills next year.

Negative Lien Bills. As previously reported, amendments to the Minnesota lien law took effect on August 1, 2021. They changed what property certain occupants can remove following default and lockout. The amendments require an occupant in default who wants to remove personal clothing of the occupant or occupant’s dependents or tools of the trade that are necessary for the occupant’s livelihood to provide documentation from a government or nonprofit agency or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal aid services, or is a survivor of domestic violence or sexual assault. The maximum market value of clothing and tools that may be removed was also increased from $50 per item to $125 per item.

HF 3152 and SF 3038 would have added additional disclosure requirements and provided for damages for owner noncompliance. It would have required any storage owner refusing to allow tenant access to the items outlined above, or the tenant’s personal papers, to provide the following notice:

"For the reason(s) listed below, we refuse to allow you to get into your storage unit to get your things. You may want to contact a private lawyer or Legal Aid to learn about your rights. (Reason for refusal must be provided in this notice.)"

If this bill passed, a storage facility would have to provide the reason for refusing to allow access to the storage unit. The bill also provided that if the owner unjustifiably sells or disposes of the tenant’s goods, the facility would be liable to the tenant for statutory damages in the amount of $2,000, as well as for costs, disbursements, and attorney fees.

SSA successfully defeated the bills and will be prepared to oppose similar bills in future legislative sessions.

Newspaper advertising elimination. The SSA and MN-SSA pursued SF3727 and HF3864 during the 2022 legislative session to eliminate the costly and ineffective advertising requirement in the state. Minnesota law currently requires two advertisements in the newspaper before an operator may proceed to sale. The proposed amendments would have permitted storage operators to bypass the newspaper advertising requirement. Instead, owners would have been permitted to advertise on an independent, publicly accessible website that advertises self storage lien sales or public notices. Unfortunately, the bills did not pass this session. The SSA and MN-SSA will pursue similar bills next year.

Negative Lien Bills. As previously reported, amendments to the Minnesota lien law took effect on August 1, 2021. They changed what property certain occupants can remove following default and lockout. The amendments require an occupant in default who wants to remove personal clothing of the occupant or occupant’s dependents or tools of the trade that are necessary for the occupant’s livelihood to provide documentation from a government or nonprofit agency or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal aid services, or is a survivor of domestic violence or sexual assault. The maximum market value of clothing and tools that may be removed was also increased from $50 per item to $125 per item.

HF 3152 and SF 3038 would have added additional disclosure requirements and provided for damages for owner noncompliance. It would have required any storage owner refusing to allow tenant access to the items outlined above, or the tenant’s personal papers, to provide the following notice:

"For the reason(s) listed below, we refuse to allow you to get into your storage unit to get your things. You may want to contact a private lawyer or Legal Aid to learn about your rights. (Reason for refusal must be provided in this notice.)"

If this bill passed, a storage facility would have to provide the reason for refusing to allow access to the storage unit. The bill also provided that if the owner unjustifiably sells or disposes of the tenant’s goods, the facility would be liable to the tenant for statutory damages in the amount of $2,000, as well as for costs, disbursements, and attorney fees.

SSA successfully defeated the bills and will be prepared to oppose similar bills in future legislative sessions.


COVID-19

The national SSA has many resources and webinars available focused on COVID-19 and our industry.  Click here to access news about COVID-19 and self storage Invitations to register for the webinars are being sent to state and national members, specifically, the primary contact's email address.

For the latest information from Minnesota on the COVID-19 pandemic, visit the governor’s office website and your state’s department of health here. Be sure to carefully monitor the situation and check on updates from the Centers for Disease Control and Prevention (CDC) www.cdc.gov, regulatory agencies as well as local health officials. 

Please also read the letter from Tim Dietz, SSA President and CEO, that provides resources and information related to states of emergency and pricing restrictions here.  

June 29, 2021

Minnesota Lien Law Amended – Action Required

A Minnesota commerce bill passed on June 28, 2021 and is effective on August 1, 2021. A section of the law amends the Minnesota self storage lien law.  Action is required by August 1, 2021.  

MNSSA and SSA members (in Minnesota) have access to a detailed memo outlining the changes and actions that need to be taken by August 1, 2021.  Members log into the MNSSA website and visit the Member Only Library for the memo.  The memo was also emailed to all MNSSA and SSA members in Minnesota on June 29, 2021.

Want to read the detailed memo?  Join the MNSSA for essential member only communications and resources.  Join HERE and you will have immediate access to this memo.

 

January 2021

 

BUILDING CODES UPDATE

 

Changes to the International Building Code Affect Self Storage

With the support of its Code Committee, the Self Storage Association successfully pursued several key changes to the 2021 International Building Code. 

  1. An exception has been added to IBC Section 2902.3.3 to permit an increase in the location (to greater than every other floor) and maximum distance of travel (to greater than 500 ft) for restrooms.  The location and travel distance must be approved by the code official.
  2. The maximum allowable height of sprinklered facilities made of Type IIB materials (unprotected steel) and Type IIIB materials (noncombustible or fire-retardant-treated wood stud exterior walls and any interior construction) has been increased from 3 stories to 4 stories.  The Code continues to have total floor and building square footage limits. 
  3. Pursuant to modified IBC Section 903.2.9, storage facilities are exempt from the automatic sprinkler system requirement if: (1) the total fire area is 12,000 sq. ft. or less; (2) the combined total fire areas are 24,000 sq. ft. or less; (3) the facility is no greater than one story above grade plane; and (4) all storage spaces are accessed directly from the exterior. 

These changes go into effect as they are adopted by local and state governments over the next several years.  Prior to the adoption on the local and state level, storage developers can request that the code official rely on the 2021 changes as acceptable alternative methods of construction pursuant to section 104.11 of the existing International Building Code.

Please email Joe Doherty with any questions or to receive supporting documentation for these changes.

03/30/2020 - New Leave Law to Impact Storage Industry, Effective April 1

As reported last week, the new federal leave law takes effect on April 1. Employers must provide notice to their employees immediately if they have not done so already. The notice can be found here

SSA’s updated FAQs can be found here. The updated FAQs answer questions on issues such as the posting requirements for the notice and the limited exemption available to employers with fewer than 50 employees. 

The Department of Labor’s complete FAQs can be found here

Employers are strongly encouraged to discuss the new law with their legal counsel. Please email Joe Doherty, jdoherty@selfstorage.org, with any questions. 

 

Legislative Efforts

Changes to the International Building Code Affect Self Storage - March 2019

With the support of its Code Committee, the Self Storage Association successfully pursued several key changes to the 2021 International Building Code. 

  1. An exception has been added to IBC Section 2902.3.3 to permit an increase in the location (to greater than every other floor) and maximum distance of travel (to greater than 500 ft) for restrooms.  The location and travel distance must be approved by the code official.
  2. The maximum allowable height of sprinklered facilities made of Type IIB materials (unprotected steel) and Type IIIB materials (noncombustible or fire-retardant-treated wood stud exterior walls and any interior construction) has been increased from 3 stories to 4 stories.  The Code continues to have total floor and building square footage limits. 
  3. Pursuant to modified IBC Section 903.2.9, storage facilities are exempt from the automatic sprinkler system requirement if: (1) the total fire area is 12,000 sq. ft. or less; (2) the combined total fire areas are 24,000 sq. ft. or less; (3) the facility is no greater than one story above grade plane; and (4) all storage spaces are accessed directly from the exterior. 

These changes go into effect as they are adopted by local and state governments over the next several years.  Prior to the adoption on the local and state level, storage developers can request that the code official rely on the 2021 changes as acceptable alternative methods of construction pursuant to section 104.11 of the existing International Building Code.

Please email Joe Doherty with any questions or to receive supporting documentation for these changes.

Update June 2018 

Minnesota Governor Mark Dayton signed an SSA-supported bill that expressly authorizes online auctions when selling property that is subject to a self storage lien. Minnesota joins 21 other states, including four this year, authorizing online auctions. SSA thanks the Minnesota SSA for its grassroots efforts to support the bill, which passed the state House and Senate unanimously.

The Minnesota Self Storage Association, together with the national Self Storage Association, is working on a number of issues to protect and improve your regulatory arena. In 2014 the MNSSA updated lien law provisions consistent with recent improvements in other states.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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