S T A T E O F N E W Y O R K
________________________________________________________________________
6997
2023-2024 Regular Sessions
I N A S S E M B L Y
May 10, 2023
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the uniform city court act and the uniform justice 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. Subdivision (a) of section 1803 of the uniform city 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 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 OR HER cause of action by the claimant or some-
one in his OR HER behalf to the clerk, who shall reduce the same to a
concise, written form and record it in a docket kept especially for such
purpose. Such procedure shall provide for the sending of notice of such
claim by ordinary first class mail and certified mail with return
receipt requested to the party complained against (1) at his OR HER
residence, if he OR SHE resides within the county, and his OR HER resi-
dence is known to the claimant, or (2) at his OR HER office or place of
regular employment within the county if he OR SHE does not reside there-
in or his OR HER residence within the county is not known to the claim-
ant, or (3) 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 the notice of claim cannot be sent under paragraph one or two
of this subdivision, at any place in the [county or an adjoining county]
STATE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11154-01-3
A. 6997 2
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 [§ 1912]
SECTION NINETEEN HUNDRED TWELVE of this act which is hereby made appli-
cable, except that necessary mailing costs shall be paid.
§ 2. 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 dollars for claims in the amount of one thousand
dollars or less and fifteen 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 OR HER cause of action by the claimant or some-
one in his OR HER behalf to the clerk, who shall reduce the same to a
concise, written form and record it in a filing system maintained espe-
cially for such purpose. Such procedure shall provide for the sending of
notice of such claim by ordinary first class mail and certified mail
with return receipt requested to the party complained against (1) at his
OR HER residence, if he OR SHE resides within the county and his OR HER
residence is known to the claimant, (2) at his OR HER office or place of
regular employment within the municipality if he OR SHE does not reside
within the county or his OR HER 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 subdivision, at any place in the [county or an
adjoining county] STATE 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.
§ 3. The office of court administration shall develop necessary forms,
procedures, court personnel guidance and public information materials to
implement the provisions of this act on or before its effective date and
shall provide a report to the chairs of the senate judiciary committee
and the assembly judiciary committee detailing the measures implemented.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.