What's happening
This bill allows courts to require a security bond when staying enforcement of permits or approvals for residential housing development.
Why it matters
Shifts financial risk to challengers. By allowing courts to require a security bond when enforcement of housing permits is paused, the bill discourages frivolous or bad-faith lawsuits that could delay housing projects, since challengers must be prepared to cover potential damages or costs.
Potentially accelerates housing development. This change could make it harder to halt residential housing projects through court action, reducing delays that often increase costs and reduce housing availability.
Balances access to judicial review with project certainty. While the bill does not eliminate the ability to seek a stay, it gives courts discretion to weigh the interests of housing developers and communities, potentially favoring uninterrupted construction unless challengers can show substantial grounds and resources.
Could limit legal leverage for opponents. Community groups or individuals opposing residential development may face new financial barriers to obtaining stays, potentially reducing their ability to influence or halt projects while litigation proceeds.
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Who cares
Headline styles
Require Bond for Housing Permits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- 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.
Pause Housing Permit Rulings
In Assembly Committee · Judiciary · Sponsor Elaine Phillips
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7956
2017-2018 Regular Sessions
IN ASSEMBLY
May 23, 2017
Introduced by M. of A. LAVINE -- 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, upon the filing of a petition by the respondent, require the posting of security bond 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.
LBD11581-01-7
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.