§ 2-323 Written Estimate.

   (a)   It is a deceptive practice for a storage warehouse operator to accept, or offer to accept, household goods for storage without issuing the consumer a written estimate, based upon an actual physical inspection, before any goods are removed to storage, except that if a customer requests that the warehouse operator accept household goods for storage without receiving a written estimate the warehouse operator, before receiving any goods:

      (1)   shall have the consumer sign a statement waiving his/her right to a written estimate and giving the reasons therefor;

      (2)   shall orally communicate to the consumer the information required by 6 RCNY § 2-322;

      (3)   shall, within 5 business days after arrival of the consumer's goods at the warehouse, send the consumer a statement based upon an examination of the goods being stored, containing the following information:

         (i)   the monthly charge for storage of the goods (including any minimum number of months' storage charge);

         (ii)   if applicable, the charge for packing, padding, papering, containers, warehouse labor in, transportation to the warehouse, storage preparation or sanitizing;

         (iii)   any other charges that will be imposed by the storage warehouse operator;

         (iv)   any limitation on legal liability for the negligent loss or damage to the goods.

   (b)   It is an unconscionable practice for a storage warehouse operator to directly or indirectly discourage a consumer from receiving a written estimate based upon an actual physical inspection.

§ 2-324 Inventory.

It is a deceptive practice for a storage warehouse operator to accept household goods for storage without providing the consumer, at the time the household goods are picked up, with an inventory of the goods being stored.

§ 2-325 Cancellation.

It is a deceptive practice for a warehouse operator to impose any charge upon a consumer who cancels a storage agreement before 3 p.m. on the day preceding the scheduled storage of the goods.

§ 2-326 Bill for Services.

It is a deceptive practice for a storage warehouse operator to:

   (a)   fail to deliver a written bill within 5 business days after arrival of the consumer's goods at the warehouse and at least bi-monthly thereafter for any goods and services for which the storage warehouse operator imposes a charge;

   (b)   collect or attempt to collect, without written consent from the consumer, any charge(s) not listed on the written estimate or the statement provided pursuant to 6 RCNY § 2-323 where a written estimate has not been provided, except in accordance with 6 RCNY § 2-326(d);

   (c)   consistently underestimate the total charges listed in 6 RCNY § 2-321 "Written estimate"

   (d)   increase the rate charged a consumer for monthly storage unless the consumer has been notified at least 45 days prior to the effective date of the rate increase.

§ 2-327 Relocation of Household Goods.

   (a)   It is a deceptive practice for a storage warehouse operator or his authorized agent to move a consumer's goods from one location to another without informing the consumer of the reason for the move and the street address and borough of the new location. Such notice must be given at least 30 days prior to the move unless there is an emergency necessitating immediate removal of the goods to another location. In that event, notice shall be made as soon as practicable.

   (b)   It is a deceptive practice for the storage warehouse operator to charge or attempt to charge the consumer any additional amount for transportation of the consumer's goods which has not been requested by the consumer, unless the storage warehouse shall have first given the consumer 45 days written notice of the amount of such charge prior to the date of such transportation.

   (c)   In the event that a storage warehouse operator has transported a consumer's goods after being placed in storage from one location to another, where such transportation has not been requested by the consumer, any transportation charges for redelivery of the property from storage shall be determined as if the goods were being delivered out of the first location in which they were placed in storage.

§ 2-328 Advertisements.

   (a)   It is a deceptive practice for a storage warehouse operator to:

      (1)   solicit storage of household goods in a name other than the name in which it is licensed by the Department of Consumer Affairs;

      (2)   fail to include its Department of Consumer Affairs license number in its advertisements soliciting storage of household goods;

      (3)   fail to include in display advertisements soliciting storage of household goods the name and address of each storage warehouse it operates in New York City where household goods are stored.

   (b)   It is a deceptive practice for any person who is not a licensed warehouse operator to advertise, represent in any manner, or claim to operate a storage warehouse.

§ 2-329 Insurance.

It is a deceptive practice for the storage warehouse operator to:

   (a)   fail to provide without cost to the consumer legal liability coverage for loss or damage to the consumer's property caused by negligence, as defined in the UCC § 7-204. This coverage is to be provided at the minimum value of $0.30 per pound per item up to $2,000;

   (b)   fail to inform a consumer that (s)he may purchase through the storage warehouse operator additional coverage to cover specific items or all of the household goods at additional cost.

§ 2-330 Storage Contract.

It is an unconscionable practice for a storage warehouse operator to accept a consumer's household goods for storage without entering into a written storage contract with the consumer.

§ 2-331 Access to Goods.

It is an unconscionable practice for a storage warehouse operator to refuse a consumer access to his/her stored household goods to retrieve needed medication or documents which are necessary to enable the consumer to apply for social welfare benefits or employment; or to charge a consumer more than the scheduled rate for access, which shall be based upon the hourly warehouse labor charge or rate.

§ 2-332 General Release.

It is an unconscionable practice for a storage warehouse operator to relinquish possession of a consumer's stored goods upon the condition that the consumer sign a general release or any other document of similar import, in which the consumer releases the warehouse operator from legal liability for negligent loss or damage to the household goods stored as a condition for regular delivery by the warehouse operator of the goods in the ordinary course of business. Nothing in this section shall prohibit a warehouse operator from securing a general release or other document of similar import where a consumer's personal property in storage has been removed from storage for the purposes of conducting a public sale of such personal property pursuant to the provisions of § 7-210 of the New York Uniform Commercial Code.