Bill Text: NY A01526 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2020-07-20 - REFERRED TO RULES [A01526 Detail]
Download: New_York-2019-A01526-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1526--B Cal. No. 77 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN, D'URSO -- Multi-Sponsored by -- M. of A. BARNWELL, CARROLL, GLICK, LALOR, PERRY -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- ordered to a third reading, amended and ordered reprinted, retaining its place on 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: 1 Section 1. Section 1801 of the uniform city court act, as amended by 2 chapter 65 of the laws of 2010, is amended to read as follows: 3 § 1801. Small claims defined. 4 The term "small claim" or "small claims" as used in this act shall 5 mean and include any cause of action for money only not in excess of 6 five thousand dollars exclusive of interest and costs, or any action 7 commenced by a party aggrieved by an arbitration award rendered pursuant 8 to part 137 of the rules of the chief administrator of the courts (22 9 NYCRR Part 137) in which the amount in dispute does not exceed $5,000, 10 provided that the defendant either resides, or has an office for the 11 transaction of business or a regular employment[,] within the county, or 12 where the claimant is or was a tenant or lessee of real property owned 13 by the defendant and the claim relates to such tenancy or lease, and 14 such real property is situated within the county. 15 § 2. Subdivision (a) of section 1803 of the uniform city court act, as 16 amended by chapter 309 of the laws of 1996, the opening paragraph as 17 amended by section 1 of part B of chapter 686 of the laws of 2003, is 18 amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03428-06-0A. 1526--B 2 1 (a) Small claims shall be commenced upon the payment by the claimant 2 of a filing fee of fifteen dollars for claims in the amount of one thou- 3 sand dollars or less and twenty dollars for claims in the amount of more 4 than one thousand dollars, without the service of a summons and, except 5 by special order of the court, without the service of any pleading other 6 than a statement of his cause of action by the claimant or someone in 7 his behalf to the clerk, who shall reduce the same to a concise, written 8 form and record it in a docket kept especially for such purpose. Such 9 procedure shall provide for the sending of notice of such claim by ordi- 10 nary first class mail and certified mail with return receipt requested 11 to the party complained against (1) at his residence, if he resides 12 within the county, and his residence is known to the claimant, or (2) at 13 his office or place of regular employment within the county if he does 14 not reside therein or his residence within the county is not known to 15 the claimant, or (3) where the claimant is or was a tenant or lessee of 16 real property owned by the defendant and the claim relates to such 17 tenancy or lease and the notice of claim cannot be sent under paragraph 18 one or two of this subdivision, at any place in the county or an adjoin- 19 ing county where claimant may mail or otherwise deliver rent. If, after 20 the expiration of twenty-one days, such ordinary first class mailing has 21 not been returned as undeliverable, the party complained against shall 22 be presumed to have received notice of such claim. Such notice shall 23 include a clear description of the procedure for filing a counterclaim, 24 pursuant to subdivision (c) of this section. 25 Such procedure shall further provide for an early hearing upon and 26 determination of such claim. No filing fee, however, shall be demanded 27 or received on small claims of employees who shall comply with § 1912 of 28 this act which is hereby made applicable, except that necessary mailing 29 costs shall be paid. 30 § 3. Section 1801 of the uniform district court act, as amended by 31 chapter 65 of the laws of 2010, is amended to read as follows: 32 § 1801. Small claims defined. 33 The term "small claim" or "small claims" as used in this act shall 34 mean and include any cause of action for money only not in excess of 35 five thousand dollars exclusive of interest and costs, or any action 36 commenced by a party aggrieved by an arbitration award rendered pursuant 37 to part one hundred thirty-seven of the rules of the chief administrator 38 of the courts (22 NYCRR Part 137) in which the amount in dispute does 39 not exceed five thousand dollars, provided that the defendant either 40 resides, or has an office for the transaction of business or a regular 41 employment[,] within a district of the court in the county, or where the 42 claimant is or was a tenant or lessee of real property owned by the 43 defendant and the claim relates to such tenancy or lease, and such real 44 property is situated within a district of the court in the county. 45 § 4. Subdivision (a) of section 1803 of the uniform district court 46 act, as amended by section 31 of part J of chapter 62 of the laws of 47 2003, is amended to read as follows: 48 (a) Small claims shall be commenced upon the payment by the claimant 49 of a filing fee of fifteen dollars for claims in the amount of one thou- 50 sand dollars or less and twenty dollars for claims in the amount of more 51 than one thousand dollars, without the service of a summons and, except 52 by special order of the court, without the service of any pleading other 53 than a statement of his cause of action by the claimant or someone in 54 his behalf to the clerk, who shall reduce the same to a concise, written 55 form and record it in a docket kept especially for such purpose. Such 56 procedure shall provide for the sending of notice of such claim by ordi-A. 1526--B 3 1 nary first class mail and certified mail with return receipt requested 2 to the party complained against (1) at his residence, if he resides 3 within a district of the court in the county, and his residence is known 4 to the claimant, or (2) at his office or place of regular employment 5 within such a district if he does not reside therein or his residence 6 within such a district is not known to the claimant, or (3) where claim- 7 ant is or was a tenant or lessee of real property owned by the defendant 8 and the claim relates to such tenancy or lease and the notice of claim 9 cannot be sent under paragraph one or two of this subdivision, at any 10 place in the state where claimant may mail or otherwise deliver rent. 11 If, after the expiration of twenty-one days, such ordinary first class 12 mailing has not been returned as undeliverable, the party complained 13 against shall be presumed to have received notice of such claim. Such 14 notice shall include a clear description of the procedure for filing a 15 counterclaim, pursuant to subdivision (c) of this section. 16 Such procedure shall further provide for an early hearing upon and 17 determination of such claim. No filing fee, however, shall be demanded 18 or received on small claims of employees who shall comply with § 1912 19 (a) of this act which is hereby made applicable, except that necessary 20 mailing costs shall be paid. 21 § 5. Section 1801 of the uniform justice court act, as amended by 22 chapter 76 of the laws of 1994, is amended to read as follows: 23 § 1801. Small claims defined. 24 The term "small claim" or "small claims" as used in this act shall 25 mean and include any cause of action for money only not in excess of 26 three thousand dollars exclusive of interest and costs, provided that 27 the defendant either resides, or has an office for the transaction of 28 business or a regular employment[,] within the municipality where the 29 court is located, or where claimant is or was a tenant or lessee of real 30 property owned by the defendant and the claim relates to such tenancy or 31 lease, and such real property is situated within the municipality where 32 the court is located. However, where a judge of the county court, pursu- 33 ant to subdivision (g) of section three hundred twenty-five of the civil 34 practice law and rules, transfers a small claim from the town or village 35 court having jurisdiction over the matter to another town or village 36 court within the same county, the court to which it is transferred shall 37 have jurisdiction to determine the claim. 38 § 6. Subdivision (a) of section 1803 of the uniform justice court act, 39 as amended by chapter 309 of the laws of 1996, is amended to read as 40 follows: 41 (a) Small claims shall be commenced upon the payment by the claimant 42 of a filing fee of ten dollars for claims in the amount of one thousand 43 dollars or less and fifteen dollars for claims in the amount of more 44 than one thousand dollars, without the service of a summons and, except 45 by special order of the court, without the service of any pleading other 46 than a statement of his cause of action by the claimant or someone in 47 his behalf to the clerk, who shall reduce the same to a concise, written 48 form and record it in a filing system maintained especially for such 49 purpose. Such procedure shall provide for the sending of notice of such 50 claim by ordinary first class mail and certified mail with return 51 receipt requested to the party complained against (1) at his residence, 52 if he resides within the county and his residence is known to the claim- 53 ant, [or] (2) at his office or place of regular employment within the 54 municipality if he does not reside within the county or his residence 55 within the county is not known to the claimant, or (3) where claimant is 56 or was a tenant or lessee of real property owned by the defendant andA. 1526--B 4 1 the claim relates to such tenancy or lease and the notice of claim 2 cannot be sent under paragraph one or two of this subdivision, at any 3 place in the county or an adjoining county where claimant may mail or 4 otherwise deliver rent. If, after the expiration of twenty-one days, 5 such ordinary first class mailing has not been returned as undelivera- 6 ble, the party complained against shall be presumed to have received 7 notice of such claim. Such notice shall include a clear description of 8 the procedure for filing a counterclaim, pursuant to subdivision (c) of 9 this section. 10 Such procedure shall further provide for an early hearing upon and 11 determination of such claim. No filing fee, however, shall be demanded 12 or received on small claims of employees who shall comply with section 13 nineteen hundred twelve of this act which is hereby made applicable, 14 except that necessary mailing costs shall be paid. 15 § 7. Section 1801 of the New York city civil court act, as amended by 16 chapter 664 of the laws of 2019, is amended to read as follows: 17 § 1801. Small claims defined. The term "small claim" or "small claims" 18 as used in this act shall mean and include any cause of action for money 19 only not in excess of ten thousand dollars exclusive of interest and 20 costs, or any action commenced by a party aggrieved by an arbitration 21 award rendered pursuant to part 137 of the rules of the chief adminis- 22 trator of the courts (22 NYCRR Part 137) in which the amount in dispute 23 does not exceed ten thousand dollars, provided that the defendant either 24 resides, or has an office for the transaction of business or a regular 25 employment[,] within the city of New York, or where claimant is a tenant 26 or lessee of real property owned by the defendant and the claim relates 27 to such tenancy or lease, and such real property is situated within the 28 city of New York. 29 § 8. Subdivision (a) of section 1803 of the New York city civil court 30 act, as amended by section 34 of part J of chapter 62 of the laws of 31 2003, is amended to read as follows: 32 (a) Small claims shall be commenced upon the payment by the claimant 33 of a filing fee of fifteen dollars for claims in the amount of one thou- 34 sand dollars or less and twenty dollars for claims in the amount of more 35 than one thousand dollars, without the service of a summons and, except 36 by special order of the court, without the service of any pleading other 37 than a statement of his cause of action by the claimant or someone in 38 his behalf to the clerk, who shall reduce the same to a concise, written 39 form and record it in a docket kept especially for such purpose. Such 40 procedure shall provide for the sending of notice of such claim by ordi- 41 nary first class mail and certified mail with return receipt requested 42 to the party complained against (1) at his residence, if he resides 43 within the city of New York, and his residence is known to the claimant, 44 [or] (2) at his office or place of regular employment within the city of 45 New York if he does not reside therein or his residence within the city 46 of New York is not known to the claimant, or (3) where claimant is or 47 was a tenant or lessee of real property owned by the defendant and the 48 claim relates to such tenancy or lease and the notice of claim cannot be 49 sent under paragraph one or two of this subdivision, at any place in the 50 state where plaintiff may mail or otherwise deliver rent. If, after the 51 expiration of twenty-one days, such ordinary first class mailing has not 52 been returned as undeliverable, the party complained against shall be 53 presumed to have received notice of such claim. Such notice shall 54 include a clear description of the procedure for filing a counterclaim, 55 pursuant to subdivision (c) of this section.A. 1526--B 5 1 Such procedure shall further provide for an early hearing upon and 2 determination of such claim. No filing fee, however, shall be demanded 3 or received on small claims of employees who shall comply with § 1912 4 (a) of this act which is hereby made applicable, except that necessary 5 mailing costs shall be paid. 6 § 9. This act shall take effect on the first of September next 7 succeeding the date on which it shall have become a law.
