senate Bill S6772

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2014 referred to judiciary

S6772 - Bill Details

See Assembly Version of this Bill:
A8581
Current Committee:
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd ยง209, UJCA

S6772 - Bill Texts

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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.

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BILL NUMBER:S6772

TITLE OF BILL: An act to amend the uniform justice court act, in
relation to authorizing 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
building 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 to the
State Supreme Court. State Courts are already overburdened and such
matters can competently be handled in the Justice Courts, which
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, equitable
relief is a far more effective enforcement tool then a fine. It should
also be pointed out that other local city and district courts already
have this authority.

LEGISLATIVE HISTORY:

2012: A.7975.

FISCAL IMPLICATIONS:

None.

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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6772

                            I N  S E N A T E

                              March 7, 2014
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed 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:
S 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.
  S 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.
                                                           LBD11174-02-4

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