S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2849
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the uniform justice court  act,  in  relation  to  civil
   jurisdictional limits and increasing filing fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 201 of the uniform  justice  court
 act,  as  amended by chapter 685 of the laws of 1977, is amended to read
 as follows:
   a. The court shall have jurisdiction as set forth in this article  and
 as  elsewhere  provided  by  law[,  subject, in the case of a city court
 governed by this act, to the limitations stated in § 2300 (b) (2) (i) of
 this act]. The phrase "[$3000] $5000", whenever it appears herein, shall
 be taken to mean "[$3000]  $5000  exclusive  of  interest  and  costs"[,
 except  that,  in  the  case  of a city court governed by this act whose
 monetary jurisdiction is, pursuant to § 2300 (b) (2) (i)  of  this  act,
 below  $3000, it shall be taken to mean such lesser sum as is applicable
 in the particular court, exclusive of interest and costs].
   § 2. Section 202 of the uniform justice court act, as amended by chap-
 ter 685 of the laws of 1977, is amended to read as follows:
 § 202. Money actions and actions to recover chattels.
   Notwithstanding any other provision  of  law,  the  court  shall  have
 jurisdiction  of  actions  and  proceedings for the recovery of money or
 chattels where the amount sought to be recovered or  the  value  of  the
 property does not exceed [$3000] $5000.
   §  3.  Section  1801  of  the uniform justice court act, as amended by
 chapter 485 of the laws of 2021, 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] FIVE thousand dollars exclusive of interest and costs,  provided
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06372-01-3
              

 S. 2849                             2
 
 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.
   § 4. 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] FIFTEEN dollars for claims in the amount of one
 thousand  dollars or less and [fifteen] 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 filing  system  main-
 tained especially for such purpose. Such procedure shall provide for the
 sending  of notice of such claim by ordinary first class mail and certi-
 fied 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, (2) at his office or place of regular  employ-
 ment  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 subdi-
 vision, 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
 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.
   § 5. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 actions or proceedings filed on or after such date.