S03468 Summary:

BILL NOS03468B
 
SAME ASSAME AS A01526-A
 
SPONSORHOYLMAN
 
COSPNSRKRUEGER, SERRANO
 
MLTSPNSR
 
Amd 1801 & 1803, UCCA; amd 1801 & 1803, UDCA; amd 1801 & 1803, UJCA; amd 1801 & 1803, NYC Civ Ct Act
 
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.
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S03468 Actions:

BILL NOS03468B
 
02/07/2019REFERRED TO JUDICIARY
02/21/2019AMEND AND RECOMMIT TO JUDICIARY
02/21/2019PRINT NUMBER 3468A
02/27/20191ST REPORT CAL.188
02/28/20192ND REPORT CAL.
03/04/2019ADVANCED TO THIRD READING
06/11/2019AMENDED ON THIRD READING 3468B
06/20/2019COMMITTED TO RULES
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S03468 Committee Votes:

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S03468 Floor Votes:

There are no votes for this bill in this legislative session.
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S03468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3468--B
            Cal. No. 188
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2019
                                       ___________
 
        Introduced  by Sens. HOYLMAN, KRUEGER, SERRANO -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said committee, ordered to first and second report, ordered to a third
          reading,  amended  and  ordered  reprinted, retaining its place in the
          order of third reading
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03428-05-9

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

        S. 3468--B                          3
 
     1  nary  first  class mail and certified mail with return receipt requested
     2  to the party complained against (1) at  his  residence,  if  he  resides
     3  within a district of the court in the county, and his residence is known
     4  to  the  claimant,  or  (2) at his office or place of regular employment
     5  within such a district if he does not reside therein  or  his  residence
     6  within such a district is not known to the claimant, or (3) where claim-
     7  ant is or was a tenant or lessee of real property owned by the defendant
     8  and  the  claim relates to such tenancy or lease and the notice of claim
     9  cannot be sent under paragraph one or two of this  subdivision,  at  any
    10  place  in  the  state where claimant may mail or otherwise deliver rent.
    11  If, after the expiration of twenty-one days, such ordinary  first  class
    12  mailing  has  not  been  returned as undeliverable, the party complained
    13  against shall be presumed to have received notice of  such  claim.  Such
    14  notice  shall  include a clear description of the procedure for filing a
    15  counterclaim, pursuant to subdivision (c) of this section.
    16    Such procedure shall further provide for an  early  hearing  upon  and
    17  determination  of  such claim. No filing fee, however, shall be demanded
    18  or received on small claims of employees who shall comply  with  §  1912
    19  (a)  of  this act which is hereby made applicable, except that necessary
    20  mailing costs shall be paid.
    21    § 5. Section 1801 of the uniform justice  court  act,  as  amended  by
    22  chapter 76 of the laws of 1994, is amended to read as follows:
    23  § 1801. Small claims defined.
    24    The  term  "small  claim"  or "small claims" as used in this act shall
    25  mean and include any cause of action for money only  not  in  excess  of
    26  three  thousand  dollars  exclusive of interest and costs, provided that
    27  the defendant either resides, or has an office for  the  transaction  of
    28  business  or  a  regular employment[,] within the municipality where the
    29  court is located, or where claimant is or was a tenant or lessee of real
    30  property owned by the defendant and the claim relates to such tenancy or
    31  lease, and such real property is situated within the municipality  where
    32  the court is located. However, where a judge of the county court, pursu-
    33  ant to subdivision (g) of section three hundred twenty-five of the civil
    34  practice law and rules, transfers a small claim from the town or village
    35  court  having  jurisdiction  over  the matter to another town or village
    36  court within the same county, the court to which it is transferred shall
    37  have jurisdiction to determine the claim.
    38    § 6. Subdivision (a) of section 1803 of the uniform justice court act,
    39  as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
    40  follows:
    41    (a)  Small  claims shall be commenced upon the payment by the claimant
    42  of a filing fee of ten dollars for claims in the amount of one  thousand
    43  dollars  or  less  and  fifteen 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 filing system  maintained  especially  for  such
    49  purpose.  Such procedure shall provide for the sending of notice of such
    50  claim by ordinary first  class  mail  and  certified  mail  with  return
    51  receipt  requested to the party complained against (1) at his residence,
    52  if he resides within the county and his residence is known to the claim-
    53  ant, [or] (2) at his office or place of regular  employment  within  the
    54  municipality  if  he  does not reside within the county or his residence
    55  within the county is not known to the claimant, or (3) where claimant is
    56  or was a tenant or lessee of real property owned by  the  defendant  and

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

        S. 3468--B                          5
 
     1    Such  procedure  shall  further  provide for an early hearing upon and
     2  determination of such claim. No filing fee, however, shall  be  demanded
     3  or  received  on  small claims of employees who shall comply with § 1912
     4  (a) of this act which is hereby made applicable, except  that  necessary
     5  mailing costs shall be paid.
     6    §  9.  This  act  shall  take  effect  on  the first of September next
     7  succeeding the date on which it shall have become a law.
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