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S2978Senate2017-2018 SessionSame asA2344

Let Local Courts Enforce Codes

Official title

“Gives justice courts limited equity powers to compel compliance with local zoning, building and fire prevention codes”

Sponsor Kenneth P. LaValleSD-1Affects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows justice courts to issue injunctions and temporary restraining orders for violations of local land use, building, and fire regulations.

Why it matters

  1. Empowers local justice courts. to directly address violations of land use, building, and fire codes by allowing them to issue injunctions and temporary restraining orders—giving communities more immediate tools to stop unsafe or unlawful activities without always relying on higher courts.

  2. Improves enforcement efficiency. by enabling local prosecutors to seek swift legal remedies (like halting construction or fire code violations) at the justice court level, potentially reducing delays and preventing ongoing harm or public safety risks.

  3. Shifts some authority from higher courts. (such as the Supreme Court) to local courts for these specific matters, which could lessen the burden on higher courts and make it easier for municipalities to enforce their own regulations.

  4. May deter violations. by increasing the likelihood of quick and visible consequences for non-compliance with local ordinances, thus encouraging property owners and developers to adhere to safety and zoning laws.

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Who cares

Headline styles

Let Local Courts Enforce Codes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A2344Assembly

Let Local Courts Enforce Codes

In Assembly Committee · Judiciary · Sponsor Fred Thiele

Impact 4 · Low0% to pass

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.

Sponsor's memo

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

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 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 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 that a fine. It should also be pointed out that other local city and district courts already have this authority.

Legislative history

2015-16 S.2103/A.3033; 2013-14 S.6722/A.8581; 2011-12 A.7975; 2009-10 A.3120; 2007-08 S.2593; 2005-06 A.1144; 2003-04 A.959; 2001-02 A.2983

Fiscal implications

TBD.

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.