Bill Text: NY S00441 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends various court acts (i.e., the uniform city court act, the uniform district court act, the uniform justice court act and the New York city civil court act) to provide 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 1-0)

Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00441 Detail]

Download: New_York-2011-S00441-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          441
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       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  S 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    S 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
   22  than  one thousand dollars, without the service of a summons and, except
   23  by special order of the court, without the service of any pleading other
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00859-01-1
       S. 441                              2
    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 the county, and his residence is known to the claimant, or (2) at
    8  his  office  or place of regular employment within the county if he does
    9  not reside therein or his residence within the county is  not  known  to
   10  the  claimant, OR (3) WHERE THE CLAIMANT IS OR WAS A TENANT OR LESSEE OF
   11  REAL PROPERTY OWNED BY THE DEFENDANT  AND  THE  CLAIM  RELATES  TO  SUCH
   12  TENANCY  OR LEASE AND THE NOTICE OF CLAIM CANNOT BE SENT UNDER PARAGRAPH
   13  ONE OR TWO OF THIS SUBDIVISION, AT ANY PLACE IN THE COUNTY OR AN ADJOIN-
   14  ING COUNTY WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND AT SUCH
   15  REAL PROPERTY.  If, after the expiration of twenty-one days, such  ordi-
   16  nary  first  class  mailing  has not been returned as undeliverable, the
   17  party complained against shall be presumed to have  received  notice  of
   18  such  claim. Such notice shall include a clear description of the proce-
   19  dure for filing a counterclaim, pursuant  to  subdivision  (c)  of  this
   20  section.
   21    Such  procedure  shall  further  provide for an early hearing upon and
   22  determination of such claim. No filing fee, however, shall  be  demanded
   23  or received on small claims of employees who shall comply with S 1912 of
   24  this  act which is hereby made applicable, except that necessary mailing
   25  costs shall be paid.
   26    S 3. Section 1801 of the uniform district court  act,  as  amended  by
   27  chapter 65 of the laws of 2010, is amended to read as follows:
   28  S 1801. Small claims defined.
   29    The  term  "small  claim"  or "small claims" as used in this act shall
   30  mean and include any cause of action for money only  not  in  excess  of
   31  five  thousand  dollars  exclusive  of interest and costs, or any action
   32  commenced by a party aggrieved by an arbitration award rendered pursuant
   33  to part one hundred thirty-seven of the rules of the chief administrator
   34  of the courts (22 NYCRR Part 137) in which the amount  in  dispute  does
   35  not  exceed  five  thousand  dollars, provided that the defendant either
   36  resides, or has an office for the transaction of business or  a  regular
   37  employment[,] WITHIN A DISTRICT OF THE COURT IN THE COUNTY, OR WHERE THE
   38  CLAIMANT  IS  OR  WAS  A  TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE
   39  DEFENDANT AND THE CLAIM RELATES TO SUCH TENANCY OR LEASE, AND SUCH  REAL
   40  PROPERTY IS SITUATED within a district of the court in the county.
   41    S  4.  Subdivision  (a)  of section 1803 of the uniform district court
   42  act, as amended by section 31 of part J of chapter 62  of  the  laws  of
   43  2003, is amended to read as follows:
   44    (a)  Small  claims shall be commenced upon the payment by the claimant
   45  of a filing fee of fifteen dollars for claims in the amount of one thou-
   46  sand dollars or less and twenty dollars for claims in the amount of more
   47  than one thousand dollars, without the service of a summons and,  except
   48  by special order of the court, without the service of any pleading other
   49  than  a  statement  of his cause of action by the claimant or someone in
   50  his behalf to the clerk, who shall reduce the same to a concise, written
   51  form and record it in a docket kept especially for  such  purpose.  Such
   52  procedure shall provide for the sending of notice of such claim by ordi-
   53  nary  first  class mail and certified mail with return receipt requested
   54  to the party complained against (1) at  his  residence,  if  he  resides
   55  within a district of the court in the county, and his residence is known
   56  to  the  claimant,  or  (2) at his office or place of regular employment
       S. 441                              3
    1  within such a district if he does not reside therein  or  his  residence
    2  within such a district is not known to the claimant, OR (3) WHERE CLAIM-
    3  ANT IS OR WAS A TENANT OR LESSEE OF REAL PROPERTY OWNED BY THE DEFENDANT
    4  AND  THE  CLAIM RELATES TO SUCH TENANCY OR LEASE AND THE NOTICE OF CLAIM
    5  CANNOT BE SENT UNDER PARAGRAPH ONE OR TWO OF THIS  SUBDIVISION,  AT  ANY
    6  PLACE IN THE STATE WHERE CLAIMANT MAY MAIL OR OTHERWISE DELIVER RENT AND
    7  AT  SUCH  REAL  PROPERTY.   If, after the expiration of twenty-one days,
    8  such ordinary first class mailing has not been returned  as  undelivera-
    9  ble,  the  party  complained  against shall be presumed to have received
   10  notice of such claim. Such notice shall include a clear  description  of
   11  the  procedure for filing a counterclaim, pursuant to subdivision (c) of
   12  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  S  1912
   16  (a)  of  this act which is hereby made applicable, except that necessary
   17  mailing costs shall be paid.
   18    S 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  S 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    S 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
       S. 441                              4
    1  OTHERWISE DELIVER RENT AND AT SUCH REAL PROPERTY.  If, after the expira-
    2  tion of twenty-one days, such ordinary first class mailing has not  been
    3  returned  as  undeliverable,  the  party  complained  against  shall  be
    4  presumed  to  have  received  notice  of such claim.   Such notice shall
    5  include a clear description of the procedure for filing a  counterclaim,
    6  pursuant to subdivision (c) of 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    S  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    S 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    S 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  AND  AT  SUCH
   48  REAL  PROPERTY.  If, after the expiration of twenty-one days, such ordi-
   49  nary first class mailing has not been  returned  as  undeliverable,  the
   50  party  complained  against  shall be presumed to have received notice of
   51  such claim. Such notice shall include a clear description of the  proce-
   52  dure  for  filing  a  counterclaim,  pursuant to subdivision (c) of this
   53  section.
   54    Such procedure shall further provide for an  early  hearing  upon  and
   55  determination  of  such claim. No filing fee, however, shall be demanded
   56  or received on small claims of employees who shall comply  with  S  1912
       S. 441                              5
    1  (a)  of  this act which is hereby made applicable, except that necessary
    2  mailing costs shall be paid.
    3    S  9.  This  act  shall  take  effect  on  the first of September next
    4  succeeding the date on which it  shall  have  become  a  law;  provided,
    5  however,  that  if  chapter  65 of the laws of 2010 shall not have taken
    6  effect on or before such date then sections one, three and seven of this
    7  act shall take effect on the same date and in the same  manner  as  such
    8  chapter of the laws of 2010 takes effect.
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