Assembly Bill A2868

2017-2018 Legislative Session

Makes provisions regarding small claims jurisdiction where claimant is a tenant or lessee of real property owned by defendant that is situated within certain limits

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2868 (ACTIVE) - Details

See Senate Version of this Bill:
S3316
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: A6011, S4781
2011-2012: A5037, S441
2013-2014: A5351, S3159
2015-2016: A3859, S2801
2019-2020: A1526, S3468
2021-2022: A297, S69

2017-A2868 (ACTIVE) - Summary

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.

2017-A2868 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2868
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN,
   SEPULVEDA -- Multi-Sponsored by -- M. of A. BARNWELL, CARROLL,  GLICK,
   HOOPER, JENNE, LALOR, PERRY -- read once and referred 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:
 § 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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