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A04319 Summary:

BILL NOA04319
 
SAME ASSAME AS S02089
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd §209, UJCA
 
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.
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A04319 Actions:

BILL NOA04319
 
02/14/2023referred to judiciary
01/03/2024referred to judiciary
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A04319 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4319
 
SPONSOR: Thiele
  TITLE OF BILL: 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 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 build- ing 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 the State Supreme Court. State Courts are 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, equi- table relief is a far more effective enforcement tool that a fine. It should also be pointed out that other local city and district courts already have this authority.   PRIOR LEGISLATIVE HISTORY: 2021-22: S.5310/A.5906 2019-20: S.3710/A.5526 2017-18: S.2978/A.2344 2015-16: S.2103/A.3033 2013-14: S.6722/A.8581 2011-12: A.7975 2009-10: A.3120 2007-08: S.2593 2005-06: A.1144 2003-04: A.959 2001-02: A.2983   FISCAL IMPLICATIONS: To be determined.   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.
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A04319 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4319
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        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:
 
     1    Section  1. Section 209 of the uniform justice court act is amended to
     2  read as follows:
     3  § 209.  Provisional remedies.
     4    (a) A requisition to seize a chattel may issue out  of  the  court  if
     5  such  requisition  might  issue out of the supreme court in a like case.
     6  No other provisional remedy shall issue by or out of the court except as
     7  provided by subdivision (b) of this section.
     8    (b) No injunction or restraining order or notice shall issue out of or
     9  by this court unless, the activity complained of  has  as  its  basis  a
    10  violation  of  local  law  or  ordinances relating to land use, building
    11  regulation, or fire prevention in which case, upon  the  motion  of  the
    12  prosecuting attorney in accordance with article sixty-three of the civil
    13  practice  law and rules, the court may issue an injunction and/or tempo-
    14  rary restraining order restraining such activity.
    15    § 2. This act shall take effect on the first of the month occurring at
    16  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.
                                                                   LBD04808-01-3
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