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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Gives justice courts limited equity powers to compel compliance with local zoning, building and fire prevention codes
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2103
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 or general idea of bill
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 specific 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 than a fine. It should also be pointed out that other local city and district courts already have this authority.
Prior legislative history
2013-14: A.8581/S.6722 2011-12: A.7975 2009-10: A.3120 2007-08: A.2593 2005-06: A.1144 2003-04: A.959 2001-02: A.2983
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.