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S09789 Summary:

BILL NOS09789
 
SAME ASSAME AS A06250
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Amd §1803, UCCA; amd §1803, UJCA
 
Standardizes the language across the relevant court acts to allow tenants statewide to sue in the county where the real property at issue is located in matters relating to a tenancy or lease; requires the Office of Court Administration to develop necessary forms, procedures and deliver a report.
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S09789 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9789
 
                    IN SENATE
 
                                      April 6, 2026
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- 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 and the uniform justice 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. Subdivision (a) of section 1803 of the uniform  city  court
     2  act,  as  amended by chapter 485 of the laws of 2021, is amended to read
     3  as follows:
     4    (a) Small claims shall be commenced upon the payment by  the  claimant
     5  of a filing fee of fifteen dollars for claims in the amount of one thou-
     6  sand dollars or less and twenty dollars for claims in the amount of more
     7  than  one thousand dollars, without the service of a summons and, except
     8  by special order of the court, without the service of any pleading other
     9  than a statement of [his] the cause of action by the claimant or someone
    10  [in his] on the claimant's behalf to the clerk,  who  shall  reduce  the
    11  same to a concise, written form and record it in a docket kept especial-
    12  ly  for  such  purpose.  Such procedure shall provide for the sending of
    13  notice of such claim by ordinary first class  mail  and  certified  mail
    14  with  return  receipt  requested  to the party complained against (1) at
    15  [his] their residence, if [he] such person resides  within  the  county,
    16  and  [his]  their  residence  is  known to the claimant, or (2) at [his]
    17  their office or place of regular employment within the  county  if  [he]
    18  such  person does not reside therein or [his] their residence within the
    19  county is not known to the claimant, or (3) where the claimant is or was
    20  a tenant or lessee of real property owned by the defendant and the claim
    21  relates to such tenancy or lease and the notice of claim cannot be  sent
    22  under  paragraph  one  or  two  of this subdivision, at any place in the
    23  [county or an adjoining county] state where claimant may mail or  other-
    24  wise  deliver  rent.   If, after the expiration of twenty-one days, such
    25  ordinary first class mailing has not been returned as undeliverable, the
    26  party complained against shall be presumed to have  received  notice  of
    27  such  claim. Such notice shall include a clear description of the proce-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01403-01-5

        S. 9789                             2
 
     1  dure for filing a counterclaim, pursuant  to  subdivision  (c)  of  this
     2  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 [§ 1912]
     6  section nineteen hundred twelve of this act which is hereby made  appli-
     7  cable, except that necessary mailing costs shall be paid.
     8    § 2. Subdivision (a) of section 1803 of the uniform justice court act,
     9  as  amended  by  chapter  485 of the laws of 2021, is amended to read as
    10  follows:
    11    (a) Small claims shall be commenced upon the payment by  the  claimant
    12  of  a filing fee of ten dollars for claims in the amount of one thousand
    13  dollars or less and fifteen dollars for claims in  the  amount  of  more
    14  than  one thousand dollars, without the service of a summons and, except
    15  by special order of the court, without the service of any pleading other
    16  than a statement of [his] the cause of action by the claimant or someone
    17  [in his] on the claimant's behalf to the clerk,  who  shall  reduce  the
    18  same  to  a concise, written form and record it in a filing system main-
    19  tained especially for such purpose. Such procedure shall provide for the
    20  sending of notice of such claim by ordinary first class mail and  certi-
    21  fied  mail with return receipt requested to the party complained against
    22  (1) at [his] their residence, if [he] such  person  resides  within  the
    23  county  and [his] their residence is known to the claimant, (2) at [his]
    24  such person's office or place of regular employment within  the  munici-
    25  pality  if  [he]  such person does not reside within the county or [his]
    26  their residence within the county is not known to the claimant,  or  (3)
    27  where  claimant  is  or was a tenant or lessee of real property owned by
    28  the defendant and the claim relates to such tenancy  or  lease  and  the
    29  notice of claim cannot be sent under paragraph one or two of this subdi-
    30  vision,  at any place in the [county or an adjoining county] state where
    31  claimant may mail or otherwise deliver rent. If, after the expiration of
    32  twenty-one days, such ordinary first class mailing has not been returned
    33  as undeliverable, the party complained against shall be presumed to have
    34  received notice of  such  claim.  Such  notice  shall  include  a  clear
    35  description  of  the  procedure  for  filing a counterclaim, pursuant to
    36  subdivision (c) of this section.
    37    Such procedure shall further provide for an  early  hearing  upon  and
    38  determination  of  such claim. No filing fee, however, shall be demanded
    39  or received on small claims of employees who shall comply  with  section
    40  nineteen  hundred  twelve  of  this act which is hereby made applicable,
    41  except that necessary mailing costs shall be paid.
    42    § 3. The office of court administration shall develop necessary forms,
    43  procedures, court personnel guidance and public information materials to
    44  implement the provisions of this act on or before its effective date and
    45  shall provide a report to the chairs of the senate  judiciary  committee
    46  and the assembly judiciary committee detailing the measures implemented.
    47    §  4.  This  act shall take effect on the ninetieth day after it shall
    48  have become a law.
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