STATE OF NEW YORK
________________________________________________________________________
1864--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. ZEBROWSKI, GALEF, O'DONNELL, GUNTHER, QUART,
STECK, OTIS, THIELE, ABBATE, GOTTFRIED, ENGLEBRIGHT, PAULIN, MONTESA-
NO, PALMESANO, FRIEND, BRABENEC, NORRIS -- Multi-Sponsored by -- M. of
A. GLICK, McDONOUGH, PEOPLES-STOKES, SIMON -- read once and referred
to the Committee on Judiciary -- reported and referred to the Commit-
tee on Ways and Means -- recommitted to the Committee on Ways and
Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the uniform justice court act, in relation to civil
jurisdictional limits and increasing filing fees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 201 of the uniform justice court
2 act, as amended by chapter 685 of the laws of 1977, is amended to read
3 as follows:
4 a. The court shall have jurisdiction as set forth in this article and
5 as elsewhere provided by law[, subject, in the case of a city court
6 governed by this act, to the limitations stated in § 2300 (b) (2) (i) of
7 this act]. The phrase "[$3000] $5000", whenever it appears herein, shall
8 be taken to mean "[$3000] $5000 exclusive of interest and costs"[,
9 except that, in the case of a city court governed by this act whose
10 monetary jurisdiction is, pursuant to § 2300 (b) (2) (i) of this act,
11 below $3000, it shall be taken to mean such lesser sum as is applicable
12 in the particular court, exclusive of interest and costs].
13 § 2. Section 202 of the uniform justice court act, as amended by chap-
14 ter 685 of the laws of 1977, is amended to read as follows:
15 § 202. Money actions and actions to recover chattels.
16 Notwithstanding any other provision of law, the court shall have
17 jurisdiction of actions and proceedings for the recovery of money or
18 chattels where the amount sought to be recovered or the value of the
19 property does not exceed [$3000] $5000.
20 § 3. Section 1801 of the uniform justice court act, as amended by
21 chapter 485 of the laws of 2021, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05121-03-1
A. 1864--A 2
1 § 1801. Small claims defined.
2 The term "small claim" or "small claims" as used in this act shall
3 mean and include any cause of action for money only not in excess of
4 [three] five thousand dollars exclusive of interest and costs, provided
5 that the defendant either resides, or has an office for the transaction
6 of business or a regular employment within the municipality where the
7 court is located, or where claimant is or was a tenant or lessee of real
8 property owned by the defendant and the claim relates to such tenancy or
9 lease, and such real property is situated within the municipality where
10 the court is located. However, where a judge of the county court, pursu-
11 ant to subdivision (g) of section three hundred twenty-five of the civil
12 practice law and rules, transfers a small claim from the town or village
13 court having jurisdiction over the matter to another town or village
14 court within the same county, the court to which it is transferred shall
15 have jurisdiction to determine the claim.
16 § 4. Subdivision (a) of section 1803 of the uniform justice court act,
17 as amended by chapter 485 of the laws of 2021, is amended to read as
18 follows:
19 (a) Small claims shall be commenced upon the payment by the claimant
20 of a filing fee of [ten] fifteen dollars for claims in the amount of one
21 thousand dollars or less and [fifteen] twenty dollars for claims in the
22 amount of more than one thousand dollars, without the service of a
23 summons and, except by special order of the court, without the service
24 of any pleading other than a statement of his cause of action by the
25 claimant or someone in his behalf to the clerk, who shall reduce the
26 same to a concise, written form and record it in a filing system main-
27 tained especially for such purpose. Such procedure shall provide for the
28 sending of notice of such claim by ordinary first class mail and certi-
29 fied mail with return receipt requested to the party complained against
30 (1) at his residence, if he resides within the county and his residence
31 is known to the claimant, (2) at his office or place of regular employ-
32 ment within the municipality if he does not reside within the county or
33 his residence within the county is not known to the claimant, or (3)
34 where claimant is or was a tenant or lessee of real property owned by
35 the defendant and the claim relates to such tenancy or lease and the
36 notice of claim cannot be sent under paragraph one or two of this subdi-
37 vision, at any place in the county or an adjoining county where claimant
38 may mail or otherwise deliver rent. If, after the expiration of twenty-
39 one days, such ordinary first class mailing has not been returned as
40 undeliverable, the party complained against shall be presumed to have
41 received notice of such claim. Such notice shall include a clear
42 description of the procedure for filing a counterclaim, pursuant to
43 subdivision (c) of this section.
44 Such procedure shall further provide for an early hearing upon and
45 determination of such claim. No filing fee, however, shall be demanded
46 or received on small claims of employees who shall comply with section
47 nineteen hundred twelve of this act which is hereby made applicable,
48 except that necessary mailing costs shall be paid.
49 § 5. This act shall take effect on the first of January next succeed-
50 ing the date on which it shall have become a law and shall apply to
51 actions or proceedings filed on or after such date; provided, however
52 that if chapter 485 of the laws of 2021 shall not have taken effect on
53 such date, sections three and four of this act shall take effect on the
54 same date and in the same manner as such chapter of the laws of 2021
55 takes effect.