NY State Senate Bill 2015-S2103

Senate Bill S2103

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 21, 2015	referred to judiciary

2015-S2103 (ACTIVE) - Details

See Assembly Version of this Bill:: A3033
Current Committee:: Senate Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §209, UJCA
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6772, A8581
2017-2018: S2978, A2344
2019-2020: S3710, A5526
2021-2022: S5310, A5906
2023-2024: S2089, A4319

2015-S2103 (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.

2015-S2103 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2103

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 OR GENERAL IDEA OF BILL:

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

PRIOR LEGISLATIVE HISTORY:

2013-14: A.8581/S.6722
2011-12: A.7975
2009-10: A.3120
2007-08: A.2593
2005-06: A.1144
2003-04: A.959
2001-02: A.2983

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.

2015-S2103 (ACTIVE) - Bill Text download pdf

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

    S. 2103                                                  A. 3033

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, 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  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.
                                                           LBD07190-01-5

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