What's happening
This bill allows New York justice courts to grant injunctions or temporary restraining orders for violations of local land use, building, or fire regulations.
Why it matters
Empowers local justice courts to act quickly against threats to public safety and neighborhood integrity. by allowing immediate legal action—such as restraining orders—when land use, building, or fire codes are violated, potentially preventing ongoing or escalating harm.
Strengthens enforcement of local regulations by giving smaller courts a tool previously reserved for higher courts. , which could lead to more consistent and effective compliance with zoning, construction, and safety standards at the community level.
Streamlines the legal process for municipalities and prosecutors. , as they can now seek injunctive relief directly in local justice courts, saving time and resources compared to pursuing cases in higher courts, and potentially deterring violators more effectively.
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Who cares
Headline styles
Let Courts Enforce Local Codes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Judges Enforce Local Codes
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. 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.
Sponsor's memo
Title of bill
An act to amend the uniform justice court act, in relation to authoriz- ing 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 build- ing 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 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, equi- table 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
2017-18 S.2978/A.2344;
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.