S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1864--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivision a of section 201 of the uniform justice court
 act, as amended by chapter 685 of the laws of 1977, is amended  to  read
 as follows:
   a.  The court shall have jurisdiction as set forth in this article and
 as elsewhere provided by law[, subject, in the  case  of  a  city  court
 governed by this act, to the limitations stated in § 2300 (b) (2) (i) of
 this act]. The phrase "[$3000] $5000", whenever it appears herein, shall
 be  taken  to  mean  "[$3000]  $5000  exclusive of interest and costs"[,
 except that, in the case of a city court  governed  by  this  act  whose
 monetary  jurisdiction  is,  pursuant to § 2300 (b) (2) (i) of this act,
 below $3000, it shall be taken to mean such lesser sum as is  applicable
 in the particular court, exclusive of interest and costs].
   § 2. Section 202 of the uniform justice court act, as amended by chap-
 ter 685 of the laws of 1977, is amended to read as follows:
 § 202. Money actions and actions to recover chattels.
   Notwithstanding  any  other  provision  of  law,  the court shall have
 jurisdiction of actions and proceedings for the  recovery  of  money  or
 chattels  where  the  amount  sought to be recovered or the value of the
 property does not exceed [$3000] $5000.
   § 3. Section 1801 of the uniform justice  court  act,  as  amended  by
 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
 
 § 1801. Small claims defined.
   The  term  "small  claim"  or "small claims" as used in this act shall
 mean and include any cause of action for money only  not  in  excess  of
 [three]  FIVE thousand dollars exclusive of interest and costs, provided
 that the defendant either resides, or has an office for the  transaction
 of  business  or  a regular employment within the municipality where the
 court is located, or where claimant is or was a tenant or lessee of real
 property owned by the defendant and the claim relates to such tenancy or
 lease, and such real property is situated within the municipality  where
 the court is located. However, where a judge of the county court, pursu-
 ant to subdivision (g) of section three hundred twenty-five of the civil
 practice law and rules, transfers a small claim from the town or village
 court  having  jurisdiction  over  the matter to another town or village
 court within the same county, the court to which it is transferred shall
 have jurisdiction to determine the claim.
   § 4. Subdivision (a) of section 1803 of the uniform justice court act,
 as amended by chapter 485 of the laws of 2021, is  amended  to  read  as
 follows:
   (a)  Small  claims shall be commenced upon the payment by the claimant
 of a filing fee of [ten] FIFTEEN dollars for claims in the amount of one
 thousand dollars or less and [fifteen] TWENTY dollars for claims in  the
 amount  of  more  than  one  thousand  dollars, without the service of a
 summons and, except by special order of the court, without  the  service
 of  any  pleading  other  than a statement of his cause of action by the
 claimant or someone in his behalf to the clerk,  who  shall  reduce  the
 same  to  a concise, written form and record it in a filing system main-
 tained especially for such purpose. Such procedure shall provide for the
 sending of notice of such claim by ordinary first class mail and  certi-
 fied  mail with return receipt requested to the party complained against
 (1) at his residence, if he resides within the county and his  residence
 is  known to the claimant, (2) at his office or place of regular employ-
 ment within the municipality if he does not reside within the county  or
 his  residence  within  the  county is not known to the claimant, or (3)
 where claimant is or was a tenant or lessee of real  property  owned  by
 the  defendant  and  the  claim relates to such tenancy or lease and the
 notice of claim cannot be sent under paragraph one or two of this subdi-
 vision, at any place in the county or an adjoining county where claimant
 may mail or otherwise deliver rent. If, after the expiration of  twenty-
 one  days,  such  ordinary  first class mailing has not been returned as
 undeliverable, the party complained against shall be  presumed  to  have
 received  notice  of  such  claim.  Such  notice  shall  include a clear
 description of the procedure for  filing  a  counterclaim,  pursuant  to
 subdivision (c) of this section.
   Such  procedure  shall  further  provide for an early hearing upon and
 determination of such claim. No filing fee, however, shall  be  demanded
 or  received  on small claims of employees who shall comply with section
 nineteen hundred twelve of this act which  is  hereby  made  applicable,
 except that necessary mailing costs shall be paid.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 actions  or  proceedings  filed on or after such date; provided, however
 that if chapter 485 of the laws of 2021 shall not have taken  effect  on
 such  date, sections three and four of this act shall take effect on the
 same date and in the same manner as such chapter of  the  laws  of  2021
 takes effect.