Assembly Bill A8581

2013-2014 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A8581 (ACTIVE) - Details

See Senate Version of this Bill:
S6772
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd ยง209, UJCA
Versions Introduced in Other Legislative Sessions:
2015-2016: A3033, S2103
2017-2018: A2344, S2978
2019-2020: A5526, S3710
2021-2022: A5906, S5310
2023-2024: A4319, S2089

2013-A8581 (ACTIVE) - Summary

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.

2013-A8581 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8581

                          I N  A S S E M B L Y

                            January 23, 2014
                               ___________

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 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11174-02-4

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