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 10-1)

Status: (Introduced) 2019-06-19 - ordered to third reading rules cal.583 [A01526 Detail]

Download: New_York-2019-A01526-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1526--A

                               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

        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:
    19    (a)  Small  claims shall be commenced upon the payment by the claimant
    20  of a filing fee of fifteen dollars for claims in the amount of one thou-
    21  sand dollars or less and twenty dollars for claims in the amount of more

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03428-04-9

        A. 1526--A                          2

     1  than one thousand dollars, without the service of a summons and,  except
     2  by special order of the court, without the service of any pleading other
     3  than  a  statement  of his cause of action by the claimant or someone in
     4  his behalf to the clerk, who shall reduce the same to a concise, written
     5  form  and  record  it in a docket kept especially for such purpose. Such
     6  procedure shall provide for the sending of notice of such claim by ordi-
     7  nary first class mail and certified mail with return  receipt  requested
     8  to  the  party  complained  against  (1) at his residence, if he resides
     9  within the county, and his residence is known to the claimant, or (2) at
    10  his office or place of regular employment within the county if  he  does
    11  not  reside  therein  or his residence within the county is not known to
    12  the claimant, or (3) where the claimant is or was a tenant or lessee  of
    13  real  property  owned  by  the  defendant  and the claim relates to such
    14  tenancy or lease and the notice of claim cannot be sent under  paragraph
    15  one or two of this subdivision, at any place in the county or an adjoin-
    16  ing county where claimant may mail or otherwise deliver rent.  If, after
    17  the expiration of twenty-one days, such ordinary first class mailing has
    18  not  been  returned as undeliverable, the party complained against shall
    19  be presumed to have received notice of such  claim.  Such  notice  shall
    20  include  a clear description of the procedure for filing a counterclaim,
    21  pursuant to subdivision (c) of this section.
    22    Such procedure shall further provide for an  early  hearing  upon  and
    23  determination  of  such claim. No filing fee, however, shall be demanded
    24  or received on small claims of employees who shall comply with § 1912 of
    25  this act which is hereby made applicable, except that necessary  mailing
    26  costs shall be paid.
    27    §  3.  Section  1801  of the uniform district court act, as amended by
    28  chapter 65 of the laws of 2010, is amended to read as follows:
    29  § 1801. Small claims defined.
    30    The term "small claim" or "small claims" as used  in  this  act  shall
    31  mean  and  include  any  cause of action for money only not in excess of
    32  five thousand dollars exclusive of interest and  costs,  or  any  action
    33  commenced by a party aggrieved by an arbitration award rendered pursuant
    34  to part one hundred thirty-seven of the rules of the chief administrator
    35  of  the  courts  (22 NYCRR Part 137) in which the amount in dispute does
    36  not exceed five thousand dollars, provided  that  the  defendant  either
    37  resides,  or  has an office for the transaction of business or a regular
    38  employment[,] within a district of the court in the county, or where the
    39  claimant is or was a tenant or lessee of  real  property  owned  by  the
    40  defendant  and the claim relates to such tenancy or lease, and such real
    41  property is situated within a district of the court in the county.
    42    § 4. Subdivision (a) of section 1803 of  the  uniform  district  court
    43  act,  as  amended  by  section 31 of part J of chapter 62 of the laws of
    44  2003, is amended to read as follows:
    45    (a) Small claims shall be commenced upon the payment by  the  claimant
    46  of a filing fee of fifteen dollars for claims in the amount of one thou-
    47  sand dollars or less and twenty 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 docket kept especially for such purpose. Such
    53  procedure shall provide for the sending of notice of such claim by ordi-
    54  nary first class mail and certified mail with return  receipt  requested
    55  to  the  party  complained  against  (1) at his residence, if he resides
    56  within a district of the court in the county, and his residence is known

        A. 1526--A                          3

     1  to the claimant, or (2) at his office or  place  of  regular  employment
     2  within  such  a  district if he does not reside therein or his residence
     3  within such a district is not known to the claimant, or (3) where claim-
     4  ant is or was a tenant or lessee of real property owned by the defendant
     5  and  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  state where claimant may mail or otherwise deliver rent.
     8  If, after the expiration of twenty-one days, such ordinary  first  class
     9  mailing  has  not  been  returned as undeliverable, the party complained
    10  against shall be presumed to have received notice of  such  claim.  Such
    11  notice  shall  include a clear description of the procedure for filing a
    12  counterclaim, pursuant to subdivision (c) of this section.
    13    Such procedure shall further provide for an  early  hearing  upon  and
    14  determination  of  such claim. No filing fee, however, shall be demanded
    15  or received on small claims of employees who shall comply  with  §  1912
    16  (a)  of  this act which is hereby made applicable, except that necessary
    17  mailing costs shall be paid.
    18    § 5. Section 1801 of the uniform justice  court  act,  as  amended  by
    19  chapter 76 of the laws of 1994, is amended to read as follows:
    20  § 1801. Small claims defined.
    21    The  term  "small  claim"  or "small claims" as used in this act shall
    22  mean and include any cause of action for money only  not  in  excess  of
    23  three  thousand  dollars  exclusive of interest and costs, provided that
    24  the defendant either resides, or has an office for  the  transaction  of
    25  business  or  a  regular employment[,] within the municipality where the
    26  court is located, or where claimant is or was a tenant or lessee of real
    27  property owned by the defendant and the claim relates to such tenancy or
    28  lease, and such real property is situated within the municipality  where
    29  the court is located. However, where a judge of the county court, pursu-
    30  ant to subdivision (g) of section three hundred twenty-five of the civil
    31  practice law and rules, transfers a small claim from the town or village
    32  court  having  jurisdiction  over  the matter to another town or village
    33  court within the same county, the court to which it is transferred shall
    34  have jurisdiction to determine the claim.
    35    § 6. Subdivision (a) of section 1803 of the uniform justice court act,
    36  as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
    37  follows:
    38    (a)  Small  claims shall be commenced upon the payment by the claimant
    39  of a filing fee of ten dollars for claims in the amount of one  thousand
    40  dollars  or  less  and  fifteen dollars for claims in the amount of more
    41  than one thousand dollars, without the service of a summons and,  except
    42  by special order of the court, without the service of any pleading other
    43  than  a  statement  of his cause of action by the claimant or someone in
    44  his behalf to the clerk, who shall reduce the same to a concise, written
    45  form and record it in a filing system  maintained  especially  for  such
    46  purpose.  Such procedure shall provide for the sending of notice of such
    47  claim by ordinary first  class  mail  and  certified  mail  with  return
    48  receipt  requested to the party complained against (1) at his residence,
    49  if he resides within the county and his residence is known to the claim-
    50  ant, [or] (2) at his office or place of regular  employment  within  the
    51  municipality  if  he  does not reside within the county or his residence
    52  within the county is not known to the claimant, or (3) where claimant is
    53  or was a tenant or lessee of real property owned by  the  defendant  and
    54  the  claim  relates  to  such  tenancy  or lease and the notice of claim
    55  cannot be sent under paragraph one or two of this  subdivision,  at  any
    56  place  in  the  county or an adjoining county where claimant may mail or

        A. 1526--A                          4

     1  otherwise deliver rent.  If, after the expiration  of  twenty-one  days,
     2  such  ordinary  first class mailing has not been returned as undelivera-
     3  ble, the party complained against shall be  presumed  to  have  received
     4  notice  of such claim.  Such notice shall include a clear description of
     5  the procedure for filing a counterclaim, pursuant to subdivision (c)  of
     6  this section.
     7    Such  procedure  shall  further  provide for an early hearing upon and
     8  determination of such claim. No filing fee, however, shall  be  demanded
     9  or  received  on small claims of employees who shall comply with section
    10  nineteen hundred twelve of this act which  is  hereby  made  applicable,
    11  except that necessary mailing costs shall be paid.
    12    §  7. Section 1801 of the New York city civil court act, as amended by
    13  chapter 65 of the laws of 2010, is amended to read as follows:
    14    § 1801. Small claims defined. The term "small claim" or "small claims"
    15  as used in this act shall mean and include any cause of action for money
    16  only not in excess of five thousand dollars exclusive  of  interest  and
    17  costs,  or  any  action commenced by a party aggrieved by an arbitration
    18  award rendered pursuant to part 137 of the rules of the  chief  adminis-
    19  trator  of the courts (22 NYCRR Part 137) in which the amount in dispute
    20  does not exceed five  thousand  dollars,  provided  that  the  defendant
    21  either  resides,  or  has an office for the transaction of business or a
    22  regular employment[,] within the city of New York, or where claimant  is
    23  a tenant or lessee of real property owned by the defendant and the claim
    24  relates  to  such  tenancy  or lease, and such real property is situated
    25  within the city of New York.
    26    § 8. Subdivision (a) of section 1803 of the New York city civil  court
    27  act,  as  amended  by  section 34 of part J of chapter 62 of the laws of
    28  2003, is amended to read as follows:
    29    (a) Small claims shall be commenced upon the payment by  the  claimant
    30  of a filing fee of fifteen dollars for claims in the amount of one thou-
    31  sand dollars or less and twenty dollars for claims in the amount of more
    32  than  one thousand dollars, without the service of a summons and, except
    33  by special order of the court, without the service of any pleading other
    34  than a statement of his cause of action by the claimant  or  someone  in
    35  his behalf to the clerk, who shall reduce the same to a concise, written
    36  form  and  record  it in a docket kept especially for such purpose. Such
    37  procedure shall provide for the sending of notice of such claim by ordi-
    38  nary first class mail and certified mail with return  receipt  requested
    39  to  the  party  complained  against  (1) at his residence, if he resides
    40  within the city of New York, and his residence is known to the claimant,
    41  [or] (2) at his office or place of regular employment within the city of
    42  New York if he does not reside therein or his residence within the  city
    43  of  New  York  is not known to the claimant, or (3) where claimant is or
    44  was a tenant or lessee of real property owned by the defendant  and  the
    45  claim relates to such tenancy or lease and the notice of claim cannot be
    46  sent under paragraph one or two of this subdivision, at any place in the
    47  state where plaintiff may mail or otherwise deliver rent.  If, after the
    48  expiration of twenty-one days, such ordinary first class mailing has not
    49  been  returned  as  undeliverable, the party complained against shall be
    50  presumed to have received  notice  of  such  claim.  Such  notice  shall
    51  include  a clear description of the procedure for filing a counterclaim,
    52  pursuant to subdivision (c) of this section.
    53    Such procedure shall further provide for an  early  hearing  upon  and
    54  determination  of  such claim. No filing fee, however, shall be demanded
    55  or received on small claims of employees who shall comply  with  §  1912

        A. 1526--A                          5

     1  (a)  of  this act which is hereby made applicable, except that necessary
     2  mailing costs shall be paid.
     3    §  9.  This  act  shall  take  effect  on  the first of September next
     4  succeeding the date on which it shall have become a law.
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