|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 12, 2012||committee discharged and committed to rules|
|Feb 21, 2012||notice of committee consideration - requested|
|Jan 04, 2012||referred to judiciary|
|Jan 05, 2011||referred to judiciary|
senate Bill S441
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S441 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Rules
- Law Section:
- Uniform City Court Act
- Laws Affected:
- Amd §§1801 & 1803, UCCA; amd §§1801 & 1803, UDCA; amd §§1801 & 1803, UJCA; amd §§1801 & 1803, NYC Civ Ct Act
- Versions Introduced in Other Legislative Sessions:
2009-2010: S4781, A6011
2013-2014: S3159, A5351
2015-2016: S2801, A3859
2017-2018: S3316, A2868
2019-2020: S3468, A1526
2021-2022: S69, A297
S441 (ACTIVE) - Summary
Amends various court acts (i.e., the uniform city court act, the uniform district court act, the uniform justice court act and the New York city civil court act) to provide 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.
S441 (ACTIVE) - Sponsor Memo
BILL NUMBER:S441 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To permit residential tenants fair access to the small claims courts by letting them sue in the small claims court located in the area that the rental unit is located. SUMMARY OF SPECIFIC PROVISIONS: Makes provisions for small claims court jurisdiction when the claimant is or was a tenant or lessee, the defendant is the property owner, the claim relates to such tenancy or lease, and the property is situated within the county. JUSTIFICATION: Current law places an unfair burden on the tenant in terms of the return of their security deposit or other claims, which requires that tenants file a claim in the jurisdiction where the landlord's business is located. In SOLOMON V. CORRELL, the judge invites the Legislature to address this problem.
S441 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 441 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KRUEGER -- 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, 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: Section 1. Section 1801 of the uniform city court act, as amended by chapter 65 of the laws of 2010, is amended to read as follows: S 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 five thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed $5,000, provided that the defendant either resides, or has an office for the transaction of business or a regular employment[,] WITHIN THE COUNTY, OR WHERE THE 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 county. S 2. Subdivision (a) of section 1803 of the uniform city court act, as amended by chapter 309 of the laws of 1996, the opening paragraph as amended by section 1 of part B of chapter 686 of the laws of 2003, is amended to read as follows: (a) Small claims shall be commenced upon the payment by the claimant of a filing fee of fifteen dollars for claims in the amount of one thou- sand dollars or less and 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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