Bill Text: NY A03033 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A03033 Detail]

Download: New_York-2015-A03033-Introduced.html

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                           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:
    1    Section 1. Section 209 of the uniform justice court act is amended  to
    2  read as follows:
    3  S 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    S 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.
                                                                  LBD07190-01-5