NY State Senate Bill 2019-S3468C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 21, 2020	advanced to third reading amended 3468c
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.143
Jan 08, 2020	referred to judiciary
Jun 20, 2019	committed to rules
Jun 11, 2019	amended on third reading 3468b
Mar 04, 2019	advanced to third reading
Feb 28, 2019	2nd report cal.
Feb 27, 2019	1st report cal.188
Feb 21, 2019	print number 3468a
Feb 21, 2019	amend and recommit to judiciary
Feb 07, 2019	referred to judiciary

co-Sponsors

2019-S3468 - Details

See Assembly Version of this Bill:: A1526
Current Committee:: Senate Rules
Law Section:: Uniform City Court Act
Laws Affected:: Amd §§1801 & 1803, UCCA; amd §§1801 & 1803, UDCA; amd §§1801 & 1803, UJCA; amd §§1801 & 1803, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4781, A6011
2011-2012: S441, A5037
2013-2014: S3159, A5351
2015-2016: S2801, A3859
2017-2018: S3316, A2868
2021-2022: S69, A297

2019-S3468 - Summary

Provides for small claims jurisdiction where claimant is a tenant or lessee of real property owned by the defendant and such real property is situated within the county, within a district of the court in the county, within the municipality in which the court is located or within the city of New York, as the case may be.

2019-S3468 - Sponsor Memo

2019-S3468 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3468
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
   and when printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03428-01-9

 S. 3468                             2
 
 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
 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

 S. 3468                             3
 
 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
 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-

 S. 3468                             4
 
 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
 or  received  on  small claims of employees who shall comply with § 1912

 S. 3468                             5

 (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.

co-Sponsors

2019-S3468A - Details

See Assembly Version of this Bill:: A1526
Current Committee:: Senate Rules
Law Section:: Uniform City Court Act
Laws Affected:: Amd §§1801 & 1803, UCCA; amd §§1801 & 1803, UDCA; amd §§1801 & 1803, UJCA; amd §§1801 & 1803, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4781, A6011
2011-2012: S441, A5037
2013-2014: S3159, A5351
2015-2016: S2801, A3859
2017-2018: S3316, A2868
2021-2022: S69, A297

2019-S3468A - Summary

Provides for small claims jurisdiction where claimant is a tenant or lessee of real property owned by the defendant and such real property is situated within the county, within a district of the court in the county, within the municipality in which the court is located or within the city of New York, as the case may be.

2019-S3468A - Sponsor Memo

2019-S3468A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3468--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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
 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03428-02-9

 S. 3468--A                          2
 
 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 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 § 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
 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

 S. 3468--A                          3
 
 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 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  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 § 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
 PLACE 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 undeliverable, the party
 complained against shall be presumed to have  received  notice  of  such

 S. 3468--A                          4
 
 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 WHERE
 PLAINTIFF 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  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 § 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.

co-Sponsors

2019-S3468B - Details

See Assembly Version of this Bill:: A1526
Current Committee:: Senate Rules
Law Section:: Uniform City Court Act
Laws Affected:: Amd §§1801 & 1803, UCCA; amd §§1801 & 1803, UDCA; amd §§1801 & 1803, UJCA; amd §§1801 & 1803, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4781, A6011
2011-2012: S441, A5037
2013-2014: S3159, A5351
2015-2016: S2801, A3859
2017-2018: S3316, A2868
2021-2022: S69, A297

2019-S3468B - Summary

Provides for small claims jurisdiction where claimant is a tenant or lessee of real property owned by the defendant and such real property is situated within the county, within a district of the court in the county, within the municipality in which the court is located or within the city of New York, as the case may be.

2019-S3468B - Sponsor Memo

2019-S3468B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3468--B
     Cal. No. 188
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03428-05-9

 S. 3468--B                          2
 
   (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 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.  If, after
 the expiration 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 § 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-

 S. 3468--B                          3
 
 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
 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.
 If, after the expiration 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  §  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

 S. 3468--B                          4
 
 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 ADJOINING COUNTY WHERE CLAIMANT MAY MAIL OR
 OTHERWISE  DELIVER  RENT.   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  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.  If, after the
 expiration 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.

 S. 3468--B                          5
 
   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.
   §  9.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.

co-Sponsors

2019-S3468C (ACTIVE) - Details

See Assembly Version of this Bill:: A1526
Current Committee:: Senate Rules
Law Section:: Uniform City Court Act
Laws Affected:: Amd §§1801 & 1803, UCCA; amd §§1801 & 1803, UDCA; amd §§1801 & 1803, UJCA; amd §§1801 & 1803, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4781, A6011
2011-2012: S441, A5037
2013-2014: S3159, A5351
2015-2016: S2801, A3859
2017-2018: S3316, A2868
2021-2022: S69, A297

2019-S3468C (ACTIVE) - Summary

Provides for small claims jurisdiction where claimant is a tenant or lessee of real property owned by the defendant and such real property is situated within the county, within a district of the court in the county, within the municipality in which the court is located or within the city of New York, as the case may be.

2019-S3468C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3468C

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To permit residential tenants fair access to the small claims courts by
letting them sue in the small claims court located in the area that the
rental unit is located.

 
SUMMARY OF SPECIFIC PROVISIONS:

Makes provisions for small claims court jurisdiction when the claimant
is or was a tenant or lessee, the defendant is the property owner, the
claim relates to such tenancy or lease, and the property is situated
within the county.

 
JUSTIFICATION:

Current law places an unfair burden on the tenant in terms of the return
of their security deposit or other claims, which requires that tenants
file a claim in the jurisdiction where the landlord's business is
located. In SOLOMON V. CORRELL, the judge invites the Legislature to
address this problem.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.3316 (Krueger) - Died in Judiciary

2017: S.3316 (Krueger) - Died in Labor

2015-16: S.2801(Krueger)- Died in Judiciary

2013-14: S.3159(Krueger) - Died in Judiciary

2012: S.0441(Krueger) - Died in Rules

2011: S.0441(Krueger) - Died in Judiciary

2010: S.4781-A(Krueger) - Passed Senate

2009: S.4781(Krueger) - Died on Third Reading

2008: S.7651(Krueger)- Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become a law.

2019-S3468C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3468--C
     Cal. No. 143
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- recommitted to the Committee on Judiciary in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second  report, amended on second
   report, ordered to a third reading, and to be  reprinted  as  amended,
   retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03428-07-0

 S. 3468--C                          2
 
   § 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
 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.  If, after
 the expiration 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 § 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

 S. 3468--C                          3
 
 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
 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.
 If, after the expiration 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  §  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-

 S. 3468--C                          4
 
 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
 PLACE IN THE COUNTY OR AN ADJOINING COUNTY WHERE CLAIMANT  MAY  MAIL  OR
 OTHERWISE  DELIVER  RENT.   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  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 664 of the laws of 2019, 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 ten 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 ten 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.  If, after the
 expiration of twenty-one days, such ordinary first class mailing has not
 been  returned  as  undeliverable, the party complained against shall be

 S. 3468--C                          5
 
 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.
   §  9.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.

Senate Bill S3468C

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Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 14, 2020 - Judiciary Committee Vote

Judiciary Committee Vote: Jan 14, 2020

Feb 27, 2019 - Judiciary Committee Vote

Judiciary Committee Vote: Feb 27, 2019

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Archive: Last Bill Status - In Senate Committee Rules Committee

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