Bill S6772-2013

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

Gives justice courts limited equity powers to compel compliance with local zoning, building and fire prevention codes; grants justice courts the authority to issue injunctions and temporary restraining orders relating thereto.

Details

Actions

  • Mar 7, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S6772

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

LEGISLATIVE HISTORY:

2012: A.7975.

FISCAL IMPLICATIONS:

None.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6772 IN SENATE March 7, 2014 ___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 regu- lations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 209 of the uniform justice court act is amended to read as follows: S 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 TEMPO- RARY RESTRAINING ORDER RESTRAINING SUCH ACTIVITY. S 2. This act shall take effect on the first of the month occurring at least 90 days after it shall have become a law.

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