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New York Court Invalidates Residency Restrictions

By Corey Rayburnyung

Thanks to the many helpful readers who forwarded me the news about this case. Following the lead of its neighbor, New Jersey, a New York has ruled, in State v. Oberlander, that a local residency restriction ordinance is inconsistent with the state's registration scheme. From the opinion: ?Under [the preemption] doctrine, even in the absence of an express conflict, a local law which regulates subject matter in a field which has been preempted by State legislation is deemed inconsistent with the ?State's transcendent interest.?? Ba Mar, Inc. v. County of Rockland, 164 A.D.2d 605 (2nd Dep?t 1991)(quoting Albany Area Builder?s Assoc. v. Town of Guilderland, 74 N.Y.2d 372 (1989)). ?On the other hand, the mere fact that both the State and local governments seek to regulate the same subject matter does not, in and of itself, render the local legislation invalid on preemption grounds...continue to full post

Full post as published by Sex Crimes on January 27, 2009 (boomark / email).