NY State Senate Bill 2021-S5310

Senate Bill S5310

2021-2022 Legislative Session

Gives justice courts limited equity powers to compel compliance with local zoning, building and fire prevention codes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Mar 02, 2021	referred to judiciary

2021-S5310 (ACTIVE) - Details

See Assembly Version of this Bill:: A5906
Current Committee:: Senate Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §209, UJCA
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6772, A8581
2015-2016: S2103, A3033
2017-2018: S2978, A2344
2019-2020: S3710, A5526
2023-2024: S2089, A4319

2021-S5310 (ACTIVE) - Summary

Gives justice courts limited equity powers to compel compliance with local zoning, building and fire prevention codes; grants justice courts the authority to issue injunctions and temporary restraining orders relating thereto.

2021-S5310 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5310

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the uniform justice court act, in relation to authoriz-
ing justice courts to grant injunctions and temporary restraining orders
in connection with local land use, building and fire regulations

 
PURPOSE:

To give local justice courts the authority to issue injunctions and
temporary restraining orders to enforce local land use, fire and build-
ing codes.

 
SUMMARY OF PROVISIONS:

Amends section 209 of the uniform justice court act.

 
JUSTIFICATION:

At this time, local justice courts have the authority to enforce local
land use, fire and building codes, only by imposing a criminal penalty
of a fine or imprisonment after a trial. In many cases, these violations
present cases where there is imminent threat to life, health or safety
that requires immediate judicial action. Current law requires that an
action for an injunction or for a TRO must go the State Supreme Court.
State Courts are already have wide ranging civil and criminal authority.
Justice can be dispensed more efficiently and effectively by permitting
such cases to be heard in Justice Court and by giving said courts the
additional authority to issue injunctions and TROs. In many cases, equi-
table relief is a far more effective enforcement tool that a fine. It
should also be pointed out that other local city and district courts
already have this authority.

 
LEGISLATIVE HISTORY:

2020 S.3710/A.5526; 2017-18 S.2978/A.2344; 2015-16 S.2103/A.3033; 2013-
14 S.6722/A.8581; 2011-12 A.7975; 2009-10 A.3120; 2007-08 S.2593; 2005-
06 A.1144; 2003-04 A.959; 2001-02 A.2983.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of the month occurring at least
90 days after it shall have become a law.

2021-S5310 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5310                                                  A. 5906
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Judiciary
 
 AN ACT to amend the uniform justice court act, in relation to  authoriz-
   ing  justice  courts  to  grant  injunctions and temporary restraining
   orders in connection with local land  use,  building  and  fire  regu-
   lations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 209 of the uniform justice court act is amended  to
 read as follows:
 § 209.  Provisional remedies.
   (A)  A  requisition  to  seize a chattel may issue out of the court if
 such requisition might issue out of the supreme court in  a  like  case.
 No other provisional remedy shall issue by or out of the court EXCEPT AS
 PROVIDED BY SUBDIVISION (B) OF THIS SECTION.
   (B) NO INJUNCTION OR RESTRAINING ORDER OR NOTICE SHALL ISSUE OUT OF OR
 BY  THIS  COURT  UNLESS,  THE  ACTIVITY COMPLAINED OF HAS AS ITS BASIS A
 VIOLATION OF LOCAL LAW OR ORDINANCES  RELATING  TO  LAND  USE,  BUILDING
 REGULATION,  OR  FIRE  PREVENTION  IN WHICH CASE, UPON THE MOTION OF THE
 PROSECUTING ATTORNEY IN ACCORDANCE WITH ARTICLE SIXTY-THREE OF THE CIVIL
 PRACTICE LAW AND RULES, THE COURT MAY ISSUE AN INJUNCTION AND/OR  TEMPO-
 RARY RESTRAINING ORDER RESTRAINING SUCH ACTIVITY.
   § 2. This act shall take effect on the first of the month occurring at
 least 90 days after it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05780-01-1

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