Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5901
SPONSOR: Thiele TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to certain
preliminary injunctions
PURPOSE:
Relates to certain preliminary injunctions regarding challenges to
building permits, variances and subdivision approvals.
SUMMARY OF PROVISIONS:
Section 1. Amends section 6311 of the civil practice law and rules by
adding a new subdivision 3 relating to certain preliminary injunctions
regarding challenges to building permits, variances and subdivision
approvals.
Section 2. Effective Date
JUSTIFICATION:
Under current law, the failure to request a preliminary injunction or
appeal the denial thereof, gives rise to the defense of mootness in a
proceeding challenging a building permit, variance, subdivision approval
or other land use approval if the land owner continues to build or
complete construction even though there is knowledge of the pending
challenge. Thus, litigants are required to pursue an application for a
preliminary injunction through the appellate process with the additional
costs and lengthy delays to avoid being subject to the defense. This
bill would correct this issue and provide for a more expeditious proc-
ess.
LEGISLATIVE HISTORY:
2020 S.3733/A.5527; 2018 S.8514/A.10627.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
S. 5309 A. 5901
2021-2022 Regular Sessions
SENATE - ASSEMBLY
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 civil practice law and rules, in relation to certain
preliminary injunctions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6311 of the civil practice law and rules is amended
2 by adding a new subdivision 3 to read as follows:
3 3. Failure of a party challenging a building permit, variance, subdi-
4 vision or other land use approval to seek a preliminary injunction to
5 prevent construction shall not give rise to the opposing party to raise
6 the defense of mootness if said party continues and/or completes
7 construction with knowledge that an action challenging its land use
8 approval has been timely commenced.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05781-01-1
