What's happening
This bill allows the Southampton Town Justice Court to issue injunctions and temporary restraining orders for local land use, building, or fire code 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 stronger, faster tools to immediately halt ongoing violations of land use, building, or fire codes—potentially preventing harm or irreversible changes before a lengthy court process concludes.
Accelerates response to public safety threats. Immediate judicial intervention can stop dangerous or noncompliant construction, occupancy, or land use activities that might pose fire or safety hazards to the community, rather than waiting for violations to work through slower, standard channels.
Shifts legal authority closer to the community. Instead of requiring state or higher courts to handle emergency land use or code violation matters, this bill lets the local justice court—more familiar with the community’s needs and conditions—act directly, potentially leading to more responsive, tailored enforcement.
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Who cares
Headline styles
Let Southampton Courts Block Violations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- 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.
Allow Southampton Court Injunctions
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. 3724 A. 5517
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 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.
LBD03211-01-9
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
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 provisions
Authorizes the Justice Court of the Town of Southampton to grant injunc- tions 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 the State Supreme Court. State Courts are already overburdened and such maters 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.
Legislative history
2017-18 S.4003/A.4211;
2015-16 S.4683/A.6815
Fiscal implications
TBD
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.