Assembly Bill A5906

2021-2022 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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2021-A5906 (ACTIVE) - Details

See Senate Version of this Bill:
S5310
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd §209, UJCA
Versions Introduced in Other Legislative Sessions:
2013-2014: A8581, S6772
2015-2016: A3033, S2103
2017-2018: A2344, S2978
2019-2020: A5526, S3710
2023-2024: A4319, S2089

2021-A5906 (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.

2021-A5906 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5310                                                  A. 5906
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- 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:
 § 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.
   § 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.
                                                            LBD05780-01-1

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