What's happening
This bill allows justice courts to issue injunctions or restraining orders for violations of local land use, building, or fire regulations.
Why it matters
Empowers local justice courts. to take immediate action against violations of land use, building, and fire codes, which could help municipalities respond faster to unsafe or illegal conditions in their communities.
Shifts some power from higher courts to local courts. , making it more convenient and accessible for municipalities and prosecutors to halt problematic activities without needing to go through lengthy proceedings in state supreme courts.
Could lead to quicker resolutions for neighbors and local officials. dealing with code violators, improving public safety and quality of life by reducing the time hazardous or unauthorized conditions persist.
Introduces checks by requiring prosecuting attorney involvement and adherence to established civil procedures. , aiming to balance swift enforcement with legal safeguards for those facing injunctions or restraining orders.
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Who cares
Headline styles
Let Local Courts Enforce Codes
Plain English, a few words. Used as the page title.
Sponsors
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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.
Let Local Courts Enforce Codes
In Senate Committee · Judiciary · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 2978 A. 2344
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 18, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, 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 authorizing justice courts to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations
The People of the State of New York, represented in Senate and Assembly, 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 temporary 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.
LBD07168-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.