What's happening
This bill allows the Southampton Town justice court to issue injunctions and temporary restraining orders for local land use, building, and fire regulation violations.
Why it matters
Empowers local enforcement. By allowing the Southampton Town justice court to issue injunctions and temporary restraining orders, the bill gives local authorities a faster, more direct tool to halt ongoing violations of land use, building, and fire regulations before they cause further harm.
Addresses community safety and quality of life. The ability to quickly stop illegal construction, unsafe building use, or fire hazards helps protect residents from dangerous conditions and preserves neighborhood character.
Reduces reliance on higher courts. With this authority granted to the local justice court, the town can address compliance issues more efficiently at the local level, potentially reducing legal costs and delays associated with bringing such matters to higher courts.
Signals increased oversight. The change may lead to stricter enforcement of local codes, which could affect property owners, developers, and businesses by raising the stakes for compliance and potentially leading to more immediate legal consequences for violations.
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Who cares
Headline styles
Let Courts Block Unsafe Buildings
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.458
- Referred to local government
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 Southampton Courts Stop Violations
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4003 A. 4211
2017-2018 Regular Sessions
SENATE - ASSEMBLY
February 1, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary
AN ACT in relation to authorizing the justice court in the town of Southampton, county of Suffolk 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. Notwithstanding any provision of law to the contrary, the justice court of the town of Southampton, county of Suffolk may issue an injunction or temporary restraining order, where the activity complained of has as its basis a violation of local law or ordinances relating to land use, building, or fire prevention regulations, upon the motion of the prosecuting attorney in accordance with article 63 of the civil practice law and rules.
§ 2. This act shall take effect on the first of the month next succeeding 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.
LBD04095-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to authorizing the justice court in the town of Southampton, county of Suffolk 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 the Southampton Town Justice Court the authority to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations.
Summary of specific provisions
Authorizes the Justice Court of the Town of Southampton to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations.
Justification
At this time the Southampton Town Justice Court has 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 the Southampton Town Justice Court and by giving said court 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
2015-16: A.6815/S.4683
Effective date
This act shall take effect on the first of the month next succeeding 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.