S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    297
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN, OTIS
   --  Multi-Sponsored  by  --  M. of A. BARNWELL, CARROLL, GLICK, 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
 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.
                                                            LBD00179-01-1

 A. 297                              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 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-
 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

 A. 297                              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 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
 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

 A. 297                              4
 
 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
 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.