Bill Text: NY A01526 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--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. LBD03428-04-9A. 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 knownA. 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 orA. 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 § 1912A. 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.