What's happening
This bill allows New York justice courts to issue injunctions and temporary restraining orders for violations of local land use, building, and fire regulations.
Why it matters
Empowers local justice courts to respond more quickly to code violations. By allowing injunctions and temporary restraining orders, local courts can immediately halt unlawful construction or hazardous activities, reducing risks to public safety and property.
Shifts enforcement from higher courts to community-level courts. Residents, municipalities, and local officials can access legal remedies for land use, building, or fire code violations more easily and without the delays or costs associated with state Supreme Court proceedings.
Provides stronger deterrence and compliance incentives. The threat of swift court-ordered stoppages may discourage individuals or businesses from violating local regulations, potentially leading to improved community standards and safer environments.
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Who cares
Headline styles
Let Judges Enforce Local 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 Courts Enforce Local 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. 3710 A. 5526
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
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.
LBD03179-01-9
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.