What's happening
This bill expands small claims court jurisdiction to allow tenants to sue landlords where the property is located, even if the landlord doesn't reside or work nearby.
Why it matters
Empowers tenants. By allowing tenants to file small claims in the court where the rental property is located, the bill makes it easier for renters—who often lack resources—to pursue legal action against landlords, especially those who live or conduct business far away.
Reduces landlord avoidance. Landlords who do not live or work near their rental properties can no longer avoid being sued in local small claims courts, closing a loophole that previously made it difficult for tenants to seek redress for disputes such as unreturned security deposits or property damage.
Streamlines legal process. The bill clarifies and standardizes how notices for such claims must be delivered, including alternative methods if a landlord’s local address isn’t available, helping ensure that legal actions proceed without unnecessary delays due to service issues.
Potential to deter misconduct. By making it more feasible for tenants to hold landlords accountable in the tenant’s local jurisdiction, the bill may incentivize better landlord behavior and compliance with housing laws.
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Who cares
New York City tenants and lessees
The bill would let current tenants bring tenancy-related small claims against property owners based on the property's location in the city, even if the owner lacks a residence, office or regular employment there.
Current and former tenants outside New York City
The bill would let them bring tenancy-related small claims in city, district, town or village courts based on the rental property's location within the specified court boundaries.
Rental property owners
Owners could face tenancy-related small claims where their properties are located and receive notices at qualifying rent-payment addresses when the existing residence or workplace mailing options are unavailable.
Small claims court clerks
Clerks would use expanded notice-mailing options, with rent-payment addresses permitted statewide for district and New York City courts and within the county or an adjoining county for city and justice courts.
Headline styles
Let Tenants Sue Landlords Locally
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- Amended 3468c
- 2nd report cal.
- 1st report cal.143
- Referred to judiciary
- Committed to rules
- Amended on third reading 3468b
- Advanced to third reading
- 2nd report cal.
- 1st report cal.188
- Print number 3468a
Show 2 earlier actions
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Tenant Small Claims Rights
In Senate Committee · Rules · Sponsor Richard Gottfried
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3468--C Cal. No. 143
2019-2020 Regular Sessions
IN SENATE
February 7, 2019
Introduced by Sens. HOYLMAN, KRUEGER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported… Show allHide
Introduced by Sens. HOYLMAN, KRUEGER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading
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 Assembly, 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03428-07-0
S. 3468--C 2
§ 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 thousand 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 his 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 residence, if he resides within the county, and his residence is known to the claimant, or (2) at his office or place of regular employment within the county if he does not reside therein or his residence within the county is not known to the claimant, 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 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 § 1912 of this act which is hereby made applicable, except that necessary mailing costs shall be paid.
§ 3. Section 1801 of the uniform district 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 one hundred thirty-seven of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed five thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment[,] within a district of the court in 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 a district of the court in the county.
§ 4. Subdivision (a) of section 1803 of the uniform district court act, as amended by section 31 of part J of chapter 62 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 thousand 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
S. 3468--C 3
than a statement of his cause of action by the claimant or someone in his 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 residence, if he resides within a district of the court in the county, and his residence is known to the claimant, or (2) at his office or place of regular employment within such a district if he does not reside therein or his residence within such a district 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 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 § 1912 (a) of this act which is hereby made applicable, except that necessary mailing costs shall be paid.
§ 5. Section 1801 of the uniform justice court act, as amended by chapter 76 of the laws of 1994, 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 thousand dollars exclusive of interest and costs, provided 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, pursuant 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.
§ 6. Subdivision (a) of section 1803 of the uniform justice court act, as amended by chapter 309 of the laws of 1996, 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 cause of action by the claimant or someone in his 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 residence, if he resides within the county and his residence is known to the claim-
S. 3468--C 4
ant, [or] (2) at his office or place of regular employment within the municipality if he does not reside within the county or his 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 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.
§ 7. Section 1801 of the New York city civil court act, as amended by chapter 664 of the laws of 2019, 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 ten 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 ten thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment[,] within the city of New York, or where claimant is 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 city of New York.
§ 8. Subdivision (a) of section 1803 of the New York city civil court act, as amended by section 34 of part J of chapter 62 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 thousand 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 his 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 residence, if he resides within the city of New York, and his residence is known to the claimant, [or] (2) at his office or place of regular employment within the city of New York if he does not reside therein or his residence within the city of New York 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 state where plaintiff 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
S. 3468--C 5
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 (a) of this act which is hereby made applicable, except that necessary mailing costs shall be paid.
§ 9. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 defendant 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 landlord's business is located. In SOLOMON V. CORRELL, the judge invites the Legislature to address this problem.
Prior legislative history
2018: S.3316 (Krueger) - Died in Judiciary
2017: S.3316 (Krueger) - Died in Labor
2015-16: S.2801(Krueger)- Died in Judiciary
2013-14: S.3159(Krueger) - Died in Judiciary
2012: S.0441(Krueger) - Died in Rules
2011: S.0441(Krueger) - Died in Judiciary
2010: S.4781-A(Krueger) - Passed Senate
2009: S.4781(Krueger) - Died on Third Reading
2008: S.7651(Krueger)- Died in Judiciary
Fiscal implications
None.
Effective date
This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.