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.
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.
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