Assembly Bill A4319

2023-2024 Legislative Session

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

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A4319 (ACTIVE) - Details

See Senate Version of this Bill:
S2089
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §209, UJCA
Versions Introduced in Other Legislative Sessions:
2013-2014: A8581, S6772
2015-2016: A3033, S2103
2017-2018: A2344, S2978
2019-2020: A5526, S3710
2021-2022: A5906, S5310

2023-A4319 (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.

2023-A4319 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4319
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 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.
                                                            LBD04808-01-3

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