What's happening
This bill allows courts to require security when issuing a stay on enforcement of permits or approvals for residential housing development.
Why it matters
Discourages frivolous litigation. By allowing courts to require a financial security (bond) when someone seeks to pause (stay) a residential housing project, the bill could deter individuals or groups from filing lawsuits just to delay construction without strong legal grounds.
Protects housing developers from financial loss. If a project is halted due to a court-ordered stay, the posted security can help cover costs or damages the developer incurs from the delay, ensuring that developers aren’t left financially vulnerable to lengthy legal battles.
Encourages quicker resolution of disputes. The potential requirement to post security may motivate parties seeking a stay to resolve disputes more efficiently, reducing unnecessary delays in residential housing development which can exacerbate housing shortages.
Balances interests of communities and developers. While still allowing courts to grant stays when appropriate, this measure gives judges a tool to weigh the interests of those opposing a project with the potential negative impacts on housing availability and development timelines.
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Who cares
Headline styles
Permit Enforcement Delay for Housing
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Enacting clause stricken
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4455
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. LAVINE, RAIA, MURRAY -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7805 of the civil practice law and rules is amended to read as follows:
§ 7805. Stay. On the motion of any party or on its own initiative, the court may stay further proceedings, or the enforcement of any determination under review, upon terms including notice, security and payment of costs, except that the enforcement of an order or judgment granted by the appellate division in a proceeding under this article may be stayed only by order of the appellate division or the court of appeals. Unless otherwise ordered, security given on a stay is effective in favor of a person subsequently joined as a party under section 7802 of this article. The court in issuing a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing may require the posting of security in an amount the court shall deem proper.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07884-01-7
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.