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) 2019-03-04 - ADVANCED TO THIRD READING [S03468 Detail]

Download: New_York-2019-S03468-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3468--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 7, 2019
                                       ___________
        Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
          and when printed to be committed 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
    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
    24  than a statement of his cause of action by the claimant  or  someone  in
    25  his behalf to the clerk, who shall reduce the same to a concise, written
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03428-02-9

        S. 3468--A                          2
     1  form  and  record  it in a docket kept especially for such purpose. Such
     2  procedure shall provide for the sending of notice of such claim by ordi-
     3  nary first class mail and certified mail with return  receipt  requested
     4  to  the  party  complained  against  (1) at his residence, if he resides
     5  within the county, and his residence is known to the claimant, [or]  (2)
     6  at  his  office  or  place of regular employment within the county if he
     7  does not reside therein or his residence within the county is not  known
     8  to  the claimant, or (3) where the claimant is or was a tenant or lessee
     9  of real property owned by the defendant and the claim  relates  to  such
    10  tenancy  or lease and the notice of claim cannot be sent under paragraph
    11  one or two of this subdivision, at any place where claimant may mail  or
    12  otherwise deliver rent and at such real property.  If, after the expira-
    13  tion  of twenty-one days, such ordinary first class mailing has not been
    14  returned  as  undeliverable,  the  party  complained  against  shall  be
    15  presumed  to  have  received  notice  of  such  claim. Such notice shall
    16  include a clear description of the procedure for filing a  counterclaim,
    17  pursuant to subdivision (c) of this section.
    18    Such  procedure  shall  further  provide for an early hearing upon and
    19  determination of such claim. No filing fee, however, shall  be  demanded
    20  or received on small claims of employees who shall comply with § 1912 of
    21  this  act which is hereby made applicable, except that necessary mailing
    22  costs shall be paid.
    23    § 3. Section 1801 of the uniform district court  act,  as  amended  by
    24  chapter 65 of the laws of 2010, is amended to read as follows:
    25  § 1801. Small claims defined.
    26    The  term  "small  claim"  or "small claims" as used in this act shall
    27  mean and include any cause of action for money only  not  in  excess  of
    28  five  thousand  dollars  exclusive  of interest and costs, or any action
    29  commenced by a party aggrieved by an arbitration award rendered pursuant
    30  to part one hundred thirty-seven of the rules of the chief administrator
    31  of the courts (22 NYCRR Part 137) in which the amount  in  dispute  does
    32  not  exceed  five  thousand  dollars, provided that the defendant either
    33  resides, or has an office for the transaction of business or  a  regular
    34  employment[,] within a district of the court in the county, or where the
    35  claimant  is  or  was  a  tenant or lessee of real property owned by the
    36  defendant and the claim relates to such tenancy or lease, and such  real
    37  property is situated within a district of the court in the county.
    38    §  4.  Subdivision  (a)  of section 1803 of the uniform district court
    39  act, as amended by section 31 of part J of chapter 62  of  the  laws  of
    40  2003, is amended to read as follows:
    41    (a)  Small  claims shall be commenced upon the payment by the claimant
    42  of a filing fee of fifteen dollars for claims in the amount of one thou-
    43  sand dollars or less and twenty 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 docket kept especially for  such  purpose.  Such
    49  procedure shall provide for the sending of notice of such claim by ordi-
    50  nary  first  class mail and certified mail with return receipt requested
    51  to the party complained against (1) at  his  residence,  if  he  resides
    52  within a district of the court in the county, and his residence is known
    53  to  the  claimant, [or] (2) at his office or place of regular employment
    54  within such a district if he does not reside therein  or  his  residence
    55  within such a district is not known to the claimant, or (3) where claim-
    56  ant is or was a tenant or lessee of real property owned by the defendant

        S. 3468--A                          3
     1  and  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 where claimant may mail or otherwise deliver rent and at such real
     4  property.    If,  after the expiration of twenty-one days, such ordinary
     5  first class mailing has not been returned as  undeliverable,  the  party
     6  complained  against  shall  be  presumed to have received notice of such
     7  claim. Such notice shall include a clear description  of  the  procedure
     8  for filing a counterclaim, pursuant to subdivision (c) of this section.
     9    Such  procedure  shall  further  provide for an early hearing upon and
    10  determination of such claim. No filing fee, however, shall  be  demanded
    11  or  received  on  small claims of employees who shall comply with § 1912
    12  (a) of this act which is hereby made applicable, except  that  necessary
    13  mailing costs shall be paid.
    14    §  5.  Section  1801  of  the uniform justice court act, as amended by
    15  chapter 76 of the laws of 1994, is amended to read as follows:
    16  § 1801. Small claims defined.
    17    The term "small claim" or "small claims" as used  in  this  act  shall
    18  mean  and  include  any  cause of action for money only not in excess of
    19  three thousand dollars exclusive of interest and  costs,  provided  that
    20  the  defendant  either  resides, or has an office for the transaction of
    21  business or a regular employment[,] within the  municipality  where  the
    22  court is located, or where claimant is or was a tenant or lessee of real
    23  property owned by the defendant and the claim relates to such tenancy or
    24  lease,  and such real property is situated within the municipality where
    25  the court is located. However, where a judge of the county court, pursu-
    26  ant to subdivision (g) of section three hundred twenty-five of the civil
    27  practice law and rules, transfers a small claim from the town or village
    28  court having jurisdiction over the matter to  another  town  or  village
    29  court within the same county, the court to which it is transferred shall
    30  have jurisdiction to determine the claim.
    31    § 6. Subdivision (a) of section 1803 of the uniform justice court act,
    32  as  amended  by  chapter  309 of the laws of 1996, is amended to read as
    33  follows:
    34    (a) Small claims shall be commenced upon the payment by  the  claimant
    35  of  a filing fee of ten dollars for claims in the amount of one thousand
    36  dollars or less and fifteen dollars for claims in  the  amount  of  more
    37  than  one thousand dollars, without the service of a summons and, except
    38  by special order of the court, without the service of any pleading other
    39  than a statement of his cause of action by the claimant  or  someone  in
    40  his behalf to the clerk, who shall reduce the same to a concise, written
    41  form  and  record  it  in a filing system maintained especially for such
    42  purpose. Such procedure shall provide for the sending of notice of  such
    43  claim  by  ordinary  first  class  mail  and  certified mail with return
    44  receipt requested to the party complained against (1) at his  residence,
    45  if he resides within the county and his residence is known to the claim-
    46  ant,  [or]  (2)  at his office or place of regular employment within the
    47  municipality if he does not reside within the county  or  his  residence
    48  within the county is not known to the claimant, or (3) where claimant is
    49  or  was  a  tenant or lessee of real property owned by the defendant and
    50  the claim relates to such tenancy or  lease  and  the  notice  of  claim
    51  cannot  be  sent  under paragraph one or two of this subdivision, at any
    52  place where claimant may mail or otherwise deliver rent and at such real
    53  property.  If, after the expiration of twenty-one  days,  such  ordinary
    54  first  class  mailing  has not been returned as undeliverable, the party
    55  complained against shall be presumed to have  received  notice  of  such

        S. 3468--A                          4
     1  claim.    Such notice shall include a clear description of the procedure
     2  for filing a counterclaim, pursuant to subdivision (c) of this section.
     3    Such  procedure  shall  further  provide for an early hearing upon and
     4  determination of such claim. No filing fee, however, shall  be  demanded
     5  or  received  on small claims of employees who shall comply with section
     6  nineteen hundred twelve of this act which  is  hereby  made  applicable,
     7  except that necessary mailing costs shall be paid.
     8    §  7. Section 1801 of the New York city civil court act, as amended by
     9  chapter 65 of the laws of 2010, is amended to read as follows:
    10    § 1801. Small claims defined. The term "small claim" or "small claims"
    11  as used in this act shall mean and include any cause of action for money
    12  only not in excess of five thousand dollars exclusive  of  interest  and
    13  costs,  or  any  action commenced by a party aggrieved by an arbitration
    14  award rendered pursuant to part 137 of the rules of the  chief  adminis-
    15  trator  of the courts (22 NYCRR Part 137) in which the amount in dispute
    16  does not exceed five  thousand  dollars,  provided  that  the  defendant
    17  either  resides,  or  has an office for the transaction of business or a
    18  regular employment[,] within the city of New York, or where claimant  is
    19  a tenant or lessee of real property owned by the defendant and the claim
    20  relates  to  such  tenancy  or lease, and such real property is situated
    21  within the city of New York.
    22    § 8. Subdivision (a) of section 1803 of the New York city civil  court
    23  act,  as  amended  by  section 34 of part J of chapter 62 of the laws of
    24  2003, is amended to read as follows:
    25    (a) Small claims shall be commenced upon the payment by  the  claimant
    26  of a filing fee of fifteen dollars for claims in the amount of one thou-
    27  sand dollars or less and twenty dollars for claims in the amount of more
    28  than  one thousand dollars, without the service of a summons and, except
    29  by special order of the court, without the service of any pleading other
    30  than a statement of his cause of action by the claimant  or  someone  in
    31  his behalf to the clerk, who shall reduce the same to a concise, written
    32  form  and  record  it in a docket kept especially for such purpose. Such
    33  procedure shall provide for the sending of notice of such claim by ordi-
    34  nary first class mail and certified mail with return  receipt  requested
    35  to  the  party  complained  against  (1) at his residence, if he resides
    36  within the city of New York, and his residence is known to the claimant,
    37  [or] (2) at his office or place of regular employment within the city of
    38  New York if he does not reside therein or his residence within the  city
    39  of  New  York  is not known to the claimant, or (3) where claimant is or
    40  was a tenant or lessee of real property owned by the defendant  and  the
    41  claim relates to such tenancy or lease and the notice of claim cannot be
    42  sent  under paragraph one or two of this subdivision, at any place where
    43  plaintiff may mail or otherwise deliver rent and at such real  property.
    44  If,  after  the expiration of twenty-one days, such ordinary first class
    45  mailing has not been returned as  undeliverable,  the  party  complained
    46  against  shall  be  presumed to have received notice of such claim. Such
    47  notice shall include a clear description of the procedure for  filing  a
    48  counterclaim, pursuant to subdivision (c) of this section.
    49    Such  procedure  shall  further  provide for an early hearing upon and
    50  determination of such claim. No filing fee, however, shall  be  demanded
    51  or  received  on  small claims of employees who shall comply with § 1912
    52  (a) of this act which is hereby made applicable, except  that  necessary
    53  mailing costs shall be paid.
    54    §  9.  This  act  shall  take  effect  on  the first of September next
    55  succeeding the date on which it shall have become a law.
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