Bill Text: NY A04319 | 2023-2024 | 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) 2024-01-03 - referred to judiciary [A04319 Detail]

Download: New_York-2023-A04319-Introduced.html

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                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