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S 9789

Relates to obtaining jurisdiction over certain defendants in matters relating to a tenancy or lease

2025 Regular Session Introduced by Luis Sepúlveda

Streamlines tenancy small claims by expanding mail-based notice, enabling early hearings, and reducing filing fees to speed resolution in City and Justice Courts.

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Bill Summary · S 9789

Overview

  • Bill: S 9789
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Relates to obtaining jurisdiction over certain defendants in matters relating to a tenancy or lease
  • Introduced by: Sen. Sepúlveda
  • Committee: Judiciary
  • Purpose: Amend the Uniform City Court Act and the Uniform Justice Court Act to modify how small claims involving tenancy/lease matters establish jurisdiction, notification, and handling, with an emphasis on streamlined filing, notices, and early hearings.

Main purpose and intent

  • Simplify and accelerate small claims related to tenancy or lease disputes by clarifying and expanding methods to obtain jurisdiction over defendants.
  • Establish uniform procedures for notice and filing in small claims across city and justice courts, including how notices are sent and presumed delivered.
  • Create requirements for early hearing and determination of such claims.
  • Ensure certain employee-related small claims remain free of filing fees, subject to mailing costs, aligning with existing protections for employees.

Key provisions and changes

  • Small claims filing and notice for city court (Section 1803(a), Uniform City Court Act):

    • Filing fees: $15 for claims up to $1,000; $20 for claims over $1,000.
    • Service: Generally no summons service or pleading service required, except by court order.
    • Notice by mail: Ordinary first-class mail and certified mail with return receipt to the defendant at:
    • Defendant’s residence (if known and reside in the county), or
    • Defendant’s office/place of employment within the county (if no residence in the county or unknown), or
    • If tenancy/lease dispute and notice cannot be sent to residence/office, place in the state where rent can be mailed or delivered.
    • Notice deemed delivered: If ordinary first-class mail is not returned as undeliverable after 21 days.
    • Notice contents: Includes a clear description of the filing and the procedure for filing a counterclaim.
    • Counterclaims: Procedures described in subdivision (c) of §1803.
    • Early hearing: Procedure to have an early hearing and determination of the claim.
    • Employee exception: No filing fee for small claims of employees who comply with labor protections (Section 1912), with only mailing costs paid.

  • Small claims filing and notice for justice court (Section 1803, Uniform Justice Court Act):

    • Similar structure to city court provisions with minor wording adjustments.
    • Filing fees: $10 for claims up to $1,000; $15 for claims over $1,000.
    • Service: Generally no summons service or pleading service required, except by court order.
    • Notice by mail: Ordinary first-class and certified mail with return receipt to defendant at locations similar to city court provisions:
    • Residence (if known and within county),
    • Office/place of employment within the municipality (if no residence in county or unknown),
    • For tenancy/lease disputes, notice can be sent to any place in the state where rent can be mailed/delivered.
    • Notice deemed delivered: After 21 days if not returned as undeliverable.
    • Counterclaims: Clear description of filing counterclaims provided.
    • Early hearing: Provisions for early hearing and determination.
    • Employee exception: No filing fee for small claims of employees complying with §1912, with mailing costs.

  • Administrative and implementation (Section 3):

    • The Office of Court Administration (OCA) must develop forms, procedures, guidance, and public information materials to implement the act.
    • OCA must deliver a report to the Senate Judiciary Committee and Assembly Judiciary Committee detailing measures implemented, on or before the act’s effective date.

  • Effective date (Section 4):

    • Takes effect 90 days after becoming law.

Affected parties and scope

  • Defendants in small claims related to tenancy or lease disputes in New York City’s Uniform City Court Act and general Uniform Justice Court Act jurisdictions.
  • Claimants initiating small claims in those courts who must pay reduced filing fees and follow streamlined notice procedures.
  • Tenants, landlords, and property managers involved in tenancy/lease disputes.
  • Employees covered under the labor-related exemption for small claims (no filing fee, only mailing costs).

Procedural and timeline aspects

  • Filing fees established by claim amount (city: $15/$20; justice: $10/$15).
  • Notice timeline: Defense must be considered presumed notified after 21 days if mail is not returned as undeliverable.
  • Procedures emphasize early hearing and determination to expedite disputes.
  • Counterclaims must follow defined filing procedures and include clear notice instructions.
  • Implementation requires OCA forms and guidance before the act’s effective date, with a formal reporting requirement to legislative committees.

Practical impact

  • Potentially faster resolution of tenancy- and lease-related small claims due to early hearings and streamlined notice.
  • Lower upfront filing costs for some small claims (except certain employees who are exempt from filing fees).
  • Expanded and standardized methods to obtain jurisdiction over defendants, including mail-based notice strategies that may extend reach beyond immediate residence locations within the county.
  • Requires administrative updates to court forms and procedures to ensure consistent application across city and justice courts.

Compiled from official sources — confirm details with the bill’s official record.

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