BILL NUMBER: S6739
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the uniform city court act and the uniform justice court
act, in relation to obtaining jurisdiction over certain defendants
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Uniform City Court Act § 1803(a) to allow tenants to
deliver a notice of claim regarding a property in the city to a landlord
anywhere in the state.
Section 2 amends Uniform Justice Court Act § 1803(a) to allow tenants to
deliver a notice of claim regarding a property in the court's jurisdic-
tion to a landlord anywhere in the state.
Section 3 directs the Office of Court Administration to develop neces-
sary materials to implement the act.
Section 4 is the effective date.
 
JUSTIFICATION:
Sections 1801 and 1803 of the various small claims court acts were
amended in 2021 to allow claimants to sue current or former landlords
based on where the rental property is/was located regardless of whether
the landlord lives, has a job or another place of business in that
locate. The new law took effect September 1, 2022.
Section 1801 of the court acts defines "small claim" and the amendments
add language to allow claims against landlords in the court that serves
the area where the rental property was located if related to the lease
or tenancy.
Section 1803 concerns obtaining jurisdiction over defendants and was
amended to say that if the claim against a landlord can't be sent to a
known residential or place of employment address, the claim can be
served via the mail to locations "where claimant may mail or otherwise
deliver rent." Section 1803 of the Uniform City Court Act and the
Uniform Justice Court Act reach landlords "in the county or an adjoining
county where claimant may mail or otherwise deliver rent"; the Uniform
District Court Act and the New York City Civil Court Act reach landlords
"any place in the state.
The current law differentiates between downstate and upstate tenants,
such that upstate tenants are more restricted in where they can send
service of process in order to sue their landlord. Under this current
scheme, a tenant in Brooklyn with a landlord located in Buffalo can sue
their landlord in Kings County Small Claims Court, but a tenant in
Buffalo with a landlord in Brooklyn is restricted to serving them in
Erie County or an adjoining county. This bill standardizes the language
across the relevant Court Acts to allow tenants statewide to sue in the
county where the real property is located.
 
LEGISLATIVE HISTORY:.
New bill
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.