If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
1981 Ed., § 28:2A-306.
This section is referenced in § 28:2A-307.
Uniform Statutory Source:Section 9-310.
Changes: The approach reflected in the provisions of Section 9-310 was included, but revised to conform to leasing terminology and to expand the exception to the special priority granted to protected liens to cover liens created by rule of law as well as those created by statute.
Purposes: This section should be interpreted to allow a qualified lessor or a qualified lessee to be the competing lienholder if the statute or rule of law so provides. The reference to statute includes applicable regulations and cases; these sources must be reviewed in resolving a priority dispute under this section.
Cross Reference:Section 9-310.
Definitional Cross References: “Goods”. Section 2A-103(1)(h).
“Lease contract”. Section 2A-103(1)(l).
“Lessee”. Section 2A-103(1)(n).
“Lessor”. Section 2A-103(1)(p).
“Lien”. Section 2A-103(1)(r).
“Person”. Section 1-201(30).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Part III - Effect of Lease Contract
§ 28:2A–301. Enforceability of lease contract
§ 28:2A–302. Title to and possession of goods
§ 28:2A–304. Subsequent lease of goods by lessor
§ 28:2A–305. Sale or sublease of goods by lessee
§ 28:2A–306. Priority of certain liens arising by operation of law
§ 28:2A–308. Special rights of creditors
§ 28:2A–309. Lessor’s and lessee’s rights when goods become fixtures
§ 28:2A–310. Lessor’s and lessee’s rights when goods become accessions