Senate Bill S5316

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5316
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09498-01-5
              

 S. 5316                             2
 
 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] THE cause of  action  by
 the claimant or someone [in his] ON SUCH CLAIMANT'S behalf to the clerk,
 who  shall reduce the same to a concise, written form and record it in a
 filing system maintained 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] THEIR  residence,  if  [he]  SUCH  PARTY
 resides  within  the  county  and  [his] THEIR residence is known to the
 claimant, (2) at [his] SUCH PARTY'S office or place of  regular  employ-
 ment  within  the municipality if [he] SUCH PARTY does not reside within
 the county or [his] THEIR 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
 where claimant may mail or otherwise deliver rent. If, after the expira-
 tion  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.