S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6997
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the uniform city court act and the uniform justice 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. Subdivision (a) of section 1803 of the uniform  city  court
 act,  as  amended by chapter 485 of the laws of 2021, 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 OR HER cause of action by the claimant or  some-
 one  in  his  OR HER 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  ordinary  first  class  mail  and  certified mail with return
 receipt requested to the party complained against  (1)  at  his  OR  HER
 residence,  if he OR SHE resides within the county, and his OR HER resi-
 dence is known to the claimant, or (2) at his OR HER office or place  of
 regular employment within the county if he OR SHE does not reside there-
 in  or his OR HER residence within the county is not known to the claim-
 ant, 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 adjoining county]
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11154-01-3
              

 A. 6997                             2
 
 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]
 SECTION NINETEEN HUNDRED TWELVE of this act which is hereby made  appli-
 cable, except that necessary mailing costs shall be paid.
   § 2. Subdivision (a) of section 1803 of the uniform justice court act,
 as  amended  by  chapter  485 of the laws of 2021, 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 OR HER cause of action by the claimant or  some-
 one  in  his  OR HER behalf to the clerk, who shall reduce the same to a
 concise, written form and record it in a filing system maintained  espe-
 cially 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
 OR HER residence, if he OR SHE resides within the county and his OR  HER
 residence is known to the claimant, (2) at his OR HER office or place of
 regular  employment within the municipality if he OR SHE does not reside
 within the county or his OR HER 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] 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 section
 nineteen hundred twelve of this act which  is  hereby  made  applicable,
 except that necessary mailing costs shall be paid.
   § 3. The office of court administration shall develop necessary forms,
 procedures, court personnel guidance and public information materials to
 implement the provisions of this act on or before its effective date and
 shall  provide  a report to the chairs of the senate judiciary committee
 and the assembly judiciary committee detailing the measures implemented.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.