Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing

BILL NUMBER:S7232

Title of bill

An act to amend the civil practice law and rules, in relation to a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing

Purpose or general idea of bill

To authorize judicial discretion in the posting of security for any Article 78 proceeding involving the issuance of a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

Summary of specific provisions

Section one amends Rule 7805 of the CPLR authorizing the court to require the posting of a security in cases involving the issuance of a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

Section two sets the effective date.

Justification

It is a typical requirement in civil practice that a party seeking a temporary restraining order or stay on appeal, post some form of security in exchange for obtaining the requested order or stay, in the event that the requestor does not prevail and causes injury to the restrained party. In situations where a homeowner or builder is temporarily prevented from proceeding by legal process, this legislation would allow the judge presiding over the matter to determine the amount of security, necessary to protect the affected parties and appropriate under the circumstances.

Prior legislative history

This is a new bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.