S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2868
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN,
   SEPULVEDA -- Multi-Sponsored by -- M. of A. BARNWELL, CARROLL,  GLICK,
   HOOPER, JENNE, LALOR, PERRY -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to amend the uniform city court act, the uniform district court
   act, the uniform justice court act and the New York city  civil  court
   act, in relation to obtaining jurisdiction over certain defendants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 1801 of the uniform city court act, as amended  by
 chapter 65 of the laws of 2010, is amended to read as follows:
 § 1801. Small claims defined.
   The  term  "small  claim"  or "small claims" as used in this act shall
 mean and include any cause of action for money only  not  in  excess  of
 five  thousand  dollars  exclusive  of interest and costs, or any action
 commenced by a party aggrieved by an arbitration award rendered pursuant
 to part 137 of the rules of the chief administrator of  the  courts  (22
 NYCRR  Part  137) in which the amount in dispute does not exceed $5,000,
 provided that the defendant either resides, or has  an  office  for  the
 transaction of business or a regular employment[,] WITHIN THE COUNTY, OR
 WHERE  THE  CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED
 BY THE DEFENDANT AND THE CLAIM RELATES TO SUCH  TENANCY  OR  LEASE,  AND
 SUCH REAL PROPERTY IS SITUATED within the county.
   § 2. Subdivision (a) of section 1803 of the uniform city court act, as
 amended    by  chapter 309 of the laws of 1996, the opening paragraph as
 amended by section 1 of part B of chapter 686 of the laws  of  2003,  is
 amended to read as follows:
   (a)  Small  claims shall be commenced upon the payment by the claimant
 of a filing fee of fifteen dollars for claims in the amount of one thou-
 sand dollars or less and twenty dollars for claims in the amount of more
 than one thousand dollars, without the service of a summons and,  except
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02689-01-7

 A. 2868                             2
 
 by special order of the court, without the service of any pleading other
 than  a  statement  of his cause of action by the claimant or someone in
 his behalf to the clerk, who shall reduce the same to a concise, written
 form  and  record  it in a docket kept especially for such purpose. Such
 procedure shall provide for the sending of notice of such claim by ordi-
 nary first class mail and certified mail with return  receipt  requested
 to  the  party  complained  against  (1) at his residence, if he resides
 within the county, and his residence is known to the claimant, or (2) at
 his office or place of regular employment within the county if  he  does
 not  reside  therein  or his residence within the county is not known to
 the claimant, OR (3) WHERE THE CLAIMANT IS OR WAS A TENANT OR LESSEE  OF
 REAL  PROPERTY  OWNED  BY  THE  DEFENDANT  AND THE CLAIM RELATES TO SUCH
 TENANCY OR LEASE AND THE NOTICE OF CLAIM CANNOT BE SENT UNDER  PARAGRAPH
 ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE COUNTY OR AN ADJOIN-
 ING COUNTY WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND AT SUCH
 REAL  PROPERTY.  If, after the expiration of twenty-one days, such ordi-
 nary first class mailing has not been  returned  as  undeliverable,  the
 party  complained  against  shall be presumed to have received notice of
 such claim. Such notice shall include a clear description of the  proce-
 dure  for  filing  a  counterclaim,  pursuant to subdivision (c) of this
 section.
   Such procedure shall further provide for an  early  hearing  upon  and
 determination  of  such claim. No filing fee, however, shall be demanded
 or received on small claims of employees who shall comply with § 1912 of
 this act which is hereby made applicable, except that necessary  mailing
 costs shall be paid.
   §  3.  Section  1801  of the uniform district court act, as amended by
 chapter 65 of the laws of 2010, is amended to read as follows:
 § 1801. Small claims defined.
   The term "small claim" or "small claims" as used  in  this  act  shall
 mean  and  include  any  cause of action for money only not in excess of
 five thousand dollars exclusive of interest and  costs,  or  any  action
 commenced by a party aggrieved by an arbitration award rendered pursuant
 to part one hundred thirty-seven of the rules of the chief administrator
 of  the  courts  (22 NYCRR Part 137) in which the amount in dispute does
 not exceed five thousand dollars, provided  that  the  defendant  either
 resides,  or  has an office for the transaction of business or a regular
 employment[,] WITHIN A DISTRICT OF THE COURT IN THE COUNTY, OR WHERE THE
 CLAIMANT IS OR WAS A TENANT OR LESSEE OF  REAL  PROPERTY  OWNED  BY  THE
 DEFENDANT  AND THE CLAIM RELATES TO SUCH TENANCY OR LEASE, AND SUCH REAL
 PROPERTY IS SITUATED within a district of the court in the county.
   § 4. Subdivision (a) of section 1803 of  the  uniform  district  court
 act,  as  amended  by  section 31 of part J of chapter 62 of the laws of
 2003, is amended to read as follows:
   (a) Small claims shall be commenced upon the payment by  the  claimant
 of a filing fee of fifteen dollars for claims in the amount of one thou-
 sand dollars or less and twenty dollars for claims in the amount of more
 than  one thousand dollars, without the service of a summons and, except
 by special order of the court, without the service of any pleading other
 than a statement of his cause of action by the claimant  or  someone  in
 his behalf to the clerk, who shall reduce the same to a concise, written
 form  and  record  it in a docket kept especially for such purpose. Such
 procedure shall provide for the sending of notice of such claim by ordi-
 nary first class mail and certified mail with return  receipt  requested
 to  the  party  complained  against  (1) at his residence, if he resides
 within a district of the court in the county, and his residence is known

 A. 2868                             3
 
 to the claimant, or (2) at his office or  place  of  regular  employment
 within  such  a  district if he does not reside therein or his residence
 within such a district is not known to the claimant, OR (3) WHERE CLAIM-
 ANT IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT
 AND  THE  CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE OF CLAIM
 CANNOT BE SENT UNDER PARAGRAPH ONE OR TWO OF THIS  SUBDIVISION,  AT  ANY
 PLACE IN THE STATE WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND
 AT  SUCH  REAL  PROPERTY.   If, after the expiration of twenty-one days,
 such ordinary first class mailing has not been returned  as  undelivera-
 ble,  the  party  complained  against shall be presumed to have received
 notice of such claim. Such notice shall include a clear  description  of
 the  procedure for filing a counterclaim, pursuant to subdivision (c) of
 this section.
   Such procedure shall further provide for an  early  hearing  upon  and
 determination  of  such claim. No filing fee, however, shall be demanded
 or received on small claims of employees who shall comply  with  §  1912
 (a)  of  this act which is hereby made applicable, except that necessary
 mailing costs shall be paid.
   § 5. Section 1801 of the uniform justice  court  act,  as  amended  by
 chapter 76 of the laws of 1994, is amended to read as follows:
 § 1801. Small claims defined.
   The  term  "small  claim"  or "small claims" as used in this act shall
 mean and include any cause of action for money only  not  in  excess  of
 three  thousand  dollars  exclusive of interest and costs, provided that
 the defendant either resides, or has an office for  the  transaction  of
 business  or  a  regular employment[,] WITHIN THE MUNICIPALITY WHERE THE
 COURT IS LOCATED, OR WHERE CLAIMANT IS OR WAS A TENANT OR LESSEE OF REAL
 PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM RELATES TO SUCH TENANCY OR
 LEASE, AND SUCH REAL PROPERTY IS SITUATED within the municipality  where
 the court is located. However, where a judge of the county court, pursu-
 ant to subdivision (g) of section three hundred twenty-five of the civil
 practice law and rules, transfers a small claim from the town or village
 court  having  jurisdiction  over  the matter to another town or village
 court within the same county, the court to which it is transferred shall
 have jurisdiction to determine the claim.
   § 6. Subdivision (a) of section 1803 of the uniform justice court act,
 as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
 follows:
   (a)  Small  claims shall be commenced upon the payment by the claimant
 of a filing fee of ten dollars for claims in the amount of one  thousand
 dollars  or  less  and  fifteen dollars for claims in the amount of more
 than one thousand dollars, without the service of a summons and,  except
 by special order of the court, without the service of any pleading other
 than  a  statement  of his cause of action by the claimant or someone in
 his behalf to the clerk, who shall reduce the same to a concise, written
 form and record it in a filing system  maintained  especially  for  such
 purpose.  Such procedure shall provide for the sending of notice of such
 claim by ordinary first  class  mail  and  certified  mail  with  return
 receipt  requested to the party complained against (1) at his residence,
 if he resides within the county and his residence is known to the claim-
 ant, or (2) at his office or place  of  regular  employment  within  the
 municipality  if  he  does not reside within the county or his residence
 within the county is not known to the claimant, OR (3) WHERE CLAIMANT IS
 OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY  THE  DEFENDANT  AND
 THE  CLAIM  RELATES  TO  SUCH  TENANCY  OR LEASE AND THE NOTICE OF CLAIM
 CANNOT BE SENT UNDER PARAGRAPH ONE OR TWO OF THIS  SUBDIVISION,  AT  ANY

 A. 2868                             4
 
 PLACE  IN  THE  COUNTY OR AN ADJOINING COUNTY WHERE CLAIMANT MAY MAIL OR
 OTHERWISE DELIVER RENT AND AT SUCH REAL PROPERTY.  If, after the expira-
 tion of twenty-one days, such ordinary first class mailing has not  been
 returned  as  undeliverable,  the  party  complained  against  shall  be
 presumed to have received notice of  such  claim.    Such  notice  shall
 include  a clear description of the procedure for filing a counterclaim,
 pursuant to subdivision (c) of this section.
   Such procedure shall further provide for an  early  hearing  upon  and
 determination  of  such claim. No filing fee, however, shall be demanded
 or received on small claims of employees who shall comply  with  section
 nineteen  hundred  twelve  of  this act which is hereby made applicable,
 except that necessary mailing costs shall be paid.
   § 7. Section 1801 of the New York city civil court act, as amended  by
 chapter 65 of the laws of 2010, is amended to read as follows:
   § 1801. Small claims defined. The term "small claim" or "small claims"
 as used in this act shall mean and include any cause of action for money
 only  not  in  excess of five thousand dollars exclusive of interest and
 costs, or any action commenced by a party aggrieved  by  an  arbitration
 award  rendered  pursuant to part 137 of the rules of the chief adminis-
 trator of the courts (22 NYCRR Part 137) in which the amount in  dispute
 does  not  exceed  five  thousand  dollars,  provided that the defendant
 either resides, or has an office for the transaction of  business  or  a
 regular  employment[,] WITHIN THE CITY OF NEW YORK, OR WHERE CLAIMANT IS
 A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT AND THE CLAIM
 RELATES TO SUCH TENANCY OR LEASE, AND SUCH  REAL  PROPERTY  IS  SITUATED
 within the city of New York.
   §  8. Subdivision (a) of section 1803 of the New York city civil court
 act, as amended by section 34 of part J of chapter 62  of  the  laws  of
 2003, is amended to read as follows:
   (a)  Small  claims shall be commenced upon the payment by the claimant
 of a filing fee of fifteen dollars for claims in the amount of one thou-
 sand dollars or less and twenty dollars for claims in the amount of more
 than one thousand dollars, without the service of a summons and,  except
 by special order of the court, without the service of any pleading other
 than  a  statement  of his cause of action by the claimant or someone in
 his behalf to the clerk, who shall reduce the same to a concise, written
 form and record it in a docket kept especially for  such  purpose.  Such
 procedure shall provide for the sending of notice of such claim by ordi-
 nary  first  class mail and certified mail with return receipt requested
 to the party complained against (1) at  his  residence,  if  he  resides
 within the city of New York, and his residence is known to the claimant,
 or  (2)  at his office or place of regular employment within the city of
 New York if he does not reside therein or his residence within the  city
 of  New  York  is not known to the claimant, OR (3) WHERE CLAIMANT IS OR
 WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT  AND  THE
 CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE OF CLAIM CANNOT BE
 SENT UNDER PARAGRAPH ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE
 STATE  WHERE  PLAINTIFF  MAY  MAIL OR OTHERWISE DELIVER RENT AND AT SUCH
 REAL PROPERTY.  If, after the expiration of twenty-one days, such  ordi-
 nary  first  class  mailing  has not been returned as undeliverable, the
 party complained against shall be presumed to have  received  notice  of
 such  claim. Such notice shall include a clear description of the proce-
 dure for filing a counterclaim, pursuant  to  subdivision  (c)  of  this
 section.
   Such  procedure  shall  further  provide for an early hearing upon and
 determination of such claim. No filing fee, however, shall  be  demanded

 A. 2868                             5
 
 or  received  on  small claims of employees who shall comply with § 1912
 (a) of this act which is hereby made applicable, except  that  necessary
 mailing costs shall be paid.
   §  9.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.