Bill Text: NY S03468 | 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: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S03468 Detail]
Download: New_York-2019-S03468-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3468--C Cal. No. 143 2019-2020 Regular Sessions IN SENATE 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: 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03428-07-0S. 3468--C 2 1 § 2. Subdivision (a) of section 1803 of the uniform city court act, as 2 amended by chapter 309 of the laws of 1996, the opening paragraph as 3 amended by section 1 of part B of chapter 686 of the laws of 2003, is 4 amended to read as follows: 5 (a) Small claims shall be commenced upon the payment by the claimant 6 of a filing fee of fifteen dollars for claims in the amount of one thou- 7 sand dollars or less and twenty dollars for claims in the amount of more 8 than one thousand dollars, without the service of a summons and, except 9 by special order of the court, without the service of any pleading other 10 than a statement of his cause of action by the claimant or someone in 11 his behalf to the clerk, who shall reduce the same to a concise, written 12 form and record it in a docket kept especially for such purpose. Such 13 procedure shall provide for the sending of notice of such claim by ordi- 14 nary first class mail and certified mail with return receipt requested 15 to the party complained against (1) at his residence, if he resides 16 within the county, and his residence is known to the claimant, or (2) at 17 his office or place of regular employment within the county if he does 18 not reside therein or his residence within the county is not known to 19 the claimant, or (3) where the claimant is or was a tenant or lessee of 20 real property owned by the defendant and the claim relates to such 21 tenancy or lease and the notice of claim cannot be sent under paragraph 22 one or two of this subdivision, at any place in the county or an adjoin- 23 ing county where claimant may mail or otherwise deliver rent. If, after 24 the expiration of twenty-one days, such ordinary first class mailing has 25 not been returned as undeliverable, the party complained against shall 26 be presumed to have received notice of such claim. Such notice shall 27 include a clear description of the procedure for filing a counterclaim, 28 pursuant to subdivision (c) of this section. 29 Such procedure shall further provide for an early hearing upon and 30 determination of such claim. No filing fee, however, shall be demanded 31 or received on small claims of employees who shall comply with § 1912 of 32 this act which is hereby made applicable, except that necessary mailing 33 costs shall be paid. 34 § 3. Section 1801 of the uniform district court act, as amended by 35 chapter 65 of the laws of 2010, is amended to read as follows: 36 § 1801. Small claims defined. 37 The term "small claim" or "small claims" as used in this act shall 38 mean and include any cause of action for money only not in excess of 39 five thousand dollars exclusive of interest and costs, or any action 40 commenced by a party aggrieved by an arbitration award rendered pursuant 41 to part one hundred thirty-seven of the rules of the chief administrator 42 of the courts (22 NYCRR Part 137) in which the amount in dispute does 43 not exceed five thousand dollars, provided that the defendant either 44 resides, or has an office for the transaction of business or a regular 45 employment[,] within a district of the court in the county, or where the 46 claimant is or was a tenant or lessee of real property owned by the 47 defendant and the claim relates to such tenancy or lease, and such real 48 property is situated within a district of the court in the county. 49 § 4. Subdivision (a) of section 1803 of the uniform district court 50 act, as amended by section 31 of part J of chapter 62 of the laws of 51 2003, is amended to read as follows: 52 (a) Small claims shall be commenced upon the payment by the claimant 53 of a filing fee of fifteen dollars for claims in the amount of one thou- 54 sand dollars or less and twenty dollars for claims in the amount of more 55 than one thousand dollars, without the service of a summons and, except 56 by special order of the court, without the service of any pleading otherS. 3468--C 3 1 than a statement of his cause of action by the claimant or someone in 2 his behalf to the clerk, who shall reduce the same to a concise, written 3 form and record it in a docket kept especially for such purpose. Such 4 procedure shall provide for the sending of notice of such claim by ordi- 5 nary first class mail and certified mail with return receipt requested 6 to the party complained against (1) at his residence, if he resides 7 within a district of the court in the county, and his residence is known 8 to the claimant, or (2) at his office or place of regular employment 9 within such a district if he does not reside therein or his residence 10 within such a district is not known to the claimant, or (3) where claim- 11 ant is or was a tenant or lessee of real property owned by the defendant 12 and the claim relates to such tenancy or lease and the notice of claim 13 cannot be sent under paragraph one or two of this subdivision, at any 14 place in the state where claimant may mail or otherwise deliver rent. 15 If, after the expiration of twenty-one days, such ordinary first class 16 mailing has not been returned as undeliverable, the party complained 17 against shall be presumed to have received notice of such claim. Such 18 notice shall include a clear description of the procedure for filing a 19 counterclaim, pursuant to subdivision (c) of this section. 20 Such procedure shall further provide for an early hearing upon and 21 determination of such claim. No filing fee, however, shall be demanded 22 or received on small claims of employees who shall comply with § 1912 23 (a) of this act which is hereby made applicable, except that necessary 24 mailing costs shall be paid. 25 § 5. Section 1801 of the uniform justice court act, as amended by 26 chapter 76 of the laws of 1994, is amended to read as follows: 27 § 1801. Small claims defined. 28 The term "small claim" or "small claims" as used in this act shall 29 mean and include any cause of action for money only not in excess of 30 three thousand dollars exclusive of interest and costs, provided that 31 the defendant either resides, or has an office for the transaction of 32 business or a regular employment[,] within the municipality where the 33 court is located, or where claimant is or was a tenant or lessee of real 34 property owned by the defendant and the claim relates to such tenancy or 35 lease, and such real property is situated within the municipality where 36 the court is located. However, where a judge of the county court, pursu- 37 ant to subdivision (g) of section three hundred twenty-five of the civil 38 practice law and rules, transfers a small claim from the town or village 39 court having jurisdiction over the matter to another town or village 40 court within the same county, the court to which it is transferred shall 41 have jurisdiction to determine the claim. 42 § 6. Subdivision (a) of section 1803 of the uniform justice court act, 43 as amended by chapter 309 of the laws of 1996, is amended to read as 44 follows: 45 (a) Small claims shall be commenced upon the payment by the claimant 46 of a filing fee of ten dollars for claims in the amount of one thousand 47 dollars or less and fifteen dollars for claims in the amount of more 48 than one thousand dollars, without the service of a summons and, except 49 by special order of the court, without the service of any pleading other 50 than a statement of his cause of action by the claimant or someone in 51 his behalf to the clerk, who shall reduce the same to a concise, written 52 form and record it in a filing system maintained especially for such 53 purpose. Such procedure shall provide for the sending of notice of such 54 claim by ordinary first class mail and certified mail with return 55 receipt requested to the party complained against (1) at his residence, 56 if he resides within the county and his residence is known to the claim-S. 3468--C 4 1 ant, [or] (2) at his office or place of regular employment within the 2 municipality if he does not reside within the county or his residence 3 within the county is not known to the claimant, or (3) where claimant is 4 or was a tenant or lessee of real property owned by the defendant and 5 the claim relates to such tenancy or lease and the notice of claim 6 cannot be sent under paragraph one or two of this subdivision, at any 7 place in the county or an adjoining county where claimant may mail or 8 otherwise deliver rent. If, after the expiration of twenty-one days, 9 such ordinary first class mailing has not been returned as undelivera- 10 ble, the party complained against shall be presumed to have received 11 notice of such claim. Such notice shall include a clear description of 12 the procedure for filing a counterclaim, pursuant to subdivision (c) of 13 this section. 14 Such procedure shall further provide for an early hearing upon and 15 determination of such claim. No filing fee, however, shall be demanded 16 or received on small claims of employees who shall comply with section 17 nineteen hundred twelve of this act which is hereby made applicable, 18 except that necessary mailing costs shall be paid. 19 § 7. Section 1801 of the New York city civil court act, as amended by 20 chapter 664 of the laws of 2019, is amended to read as follows: 21 § 1801. Small claims defined. The term "small claim" or "small claims" 22 as used in this act shall mean and include any cause of action for money 23 only not in excess of ten thousand dollars exclusive of interest and 24 costs, or any action commenced by a party aggrieved by an arbitration 25 award rendered pursuant to part 137 of the rules of the chief adminis- 26 trator of the courts (22 NYCRR Part 137) in which the amount in dispute 27 does not exceed ten thousand dollars, provided that the defendant either 28 resides, or has an office for the transaction of business or a regular 29 employment[,] within the city of New York, or where claimant is a tenant 30 or lessee of real property owned by the defendant and the claim relates 31 to such tenancy or lease, and such real property is situated within the 32 city of New York. 33 § 8. Subdivision (a) of section 1803 of the New York city civil court 34 act, as amended by section 34 of part J of chapter 62 of the laws of 35 2003, is amended to read as follows: 36 (a) Small claims shall be commenced upon the payment by the claimant 37 of a filing fee of fifteen dollars for claims in the amount of one thou- 38 sand dollars or less and twenty dollars for claims in the amount of more 39 than one thousand dollars, without the service of a summons and, except 40 by special order of the court, without the service of any pleading other 41 than a statement of his cause of action by the claimant or someone in 42 his behalf to the clerk, who shall reduce the same to a concise, written 43 form and record it in a docket kept especially for such purpose. Such 44 procedure shall provide for the sending of notice of such claim by ordi- 45 nary first class mail and certified mail with return receipt requested 46 to the party complained against (1) at his residence, if he resides 47 within the city of New York, and his residence is known to the claimant, 48 [or] (2) at his office or place of regular employment within the city of 49 New York if he does not reside therein or his residence within the city 50 of New York is not known to the claimant, or (3) where claimant is or 51 was a tenant or lessee of real property owned by the defendant and the 52 claim relates to such tenancy or lease and the notice of claim cannot be 53 sent under paragraph one or two of this subdivision, at any place in the 54 state where plaintiff may mail or otherwise deliver rent. If, after the 55 expiration of twenty-one days, such ordinary first class mailing has not 56 been returned as undeliverable, the party complained against shall beS. 3468--C 5 1 presumed to have received notice of such claim. Such notice shall 2 include a clear description of the procedure for filing a counterclaim, 3 pursuant to subdivision (c) of this section. 4 Such procedure shall further provide for an early hearing upon and 5 determination of such claim. No filing fee, however, shall be demanded 6 or received on small claims of employees who shall comply with § 1912 7 (a) of this act which is hereby made applicable, except that necessary 8 mailing costs shall be paid. 9 § 9. This act shall take effect on the first of September next 10 succeeding the date on which it shall have become a law.
