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Debate over modernizing self-storage lien notices: industry backs web notices, newspapers warn of lost public notice
Summary
Senate Bill 433 would let self-storage operators advertise lien sales either in a local newspaper of general circulation or on a publicly accessible auction website when the property subject to the lien is worth more than $300.
Senate Bill 433, introduced by Senator Anderson, would allow owners of self-storage facilities who foreclose on tenants’ storage-unit liens to advertise the required sale either once in a newspaper of general circulation in the county or city where the facility is located or on a publicly accessible website that regularly advertises property for auction or sale when the property subject to the lien has a value greater than $300.
Senator Anderson said the bill “modernizes how owners of self storage facilities notify tenants if a unit must go to auction,” noting that many people no longer rely on print newspapers and that industry practices have moved toward online auction platforms.
Daniel Bryant, legal and legislative counsel to the National Self Storage Association (which also manages the Oregon Self Storage Association), testified in support. He said the industry attempts multiple direct contacts with delinquent tenants before a sale and that online auction sites are now the most effective venues to advertise upcoming sales. Bryant told the committee that 32 states and the District of Columbia allow advertising methods similar to what SB 433 proposes or do not require a newspaper advertising step.
Greg Peten, representing the Oregon Newspaper Publishers Association, opposed the bill. He told the committee that court and statutory public-notice requirements historically rely on newspapers because they provide wide, archivable public access. Peten cited web traffic metrics and gave publishers’ advertising fees as a cost comparison (for example, a small paper charge around $45 and The Oregonian approximately $110 for similar notices). He argued that newspapers still provide the broad reach and archival record that public-notice law intends to ensure.
Committee Chair Taylor said the panel would carry the bill over to the committee’s next meeting on Tuesday to allow additional testimony and further review. No committee vote was taken Feb. 27.
