|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 31, 2013||referred to judiciary|
senate Bill S3159
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3159 - Details
- See Assembly Version of this Bill:
- Current Committee:
- 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 Previous Legislative Sessions:
2011-2012: S441, A5037
2009-2010: S4781A, A6011A
S3159 - Summary
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.
S3159 - Sponsor Memo
BILL NUMBER:S3159 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 defend- ant 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 land- lord's business is located. In SOLOMON V. CORRELL, the judge invites the Legislature to address this problem. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: On the first of September next succeeding the date it becomes law, with provisions.
S3159 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3159 2013-2014 Regular Sessions I N S E N A T E January 31, 2013 ___________ 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 than a statement of his cause of action by the claimant or someone in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01254-01-3
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