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.
STATE OF NEW YORK
________________________________________________________________________
2089
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
printed to be committed 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
