Bill Text: NY S04117 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits the eviction of tenants for using medical marihuana for a certified medical use.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-04-01 - DELIVERED TO ASSEMBLY [S04117 Detail]

Download: New_York-2019-S04117-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4117--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 28, 2019
                                       ___________
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  prohibiting  the  eviction  of tenants for the certified
          medical use of medical marihuana
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The real property actions and proceedings law is amended by
     2  adding a new section 716 to read as follows:
     3    § 716. Eviction based on the certified medical use of medical marihua-
     4  na  prohibited.  1.  A  tenant shall not be removed from possession of a
     5  residential unit pursuant to  this  article  because  of  such  person's
     6  certified  medical use of medical marihuana, as defined in section thir-
     7  ty-three hundred sixty of the public health law. It shall be  a  defense
     8  to a proceeding to recover possession of a residential unit that a land-
     9  lord  seeks such recovery because of a person's certified medical use of
    10  medical marihuana, and that, but for such use, the  landlord  would  not
    11  seek to recover possession. A landlord may rebut such defense by showing
    12  that he or she seeks to recover possession of a residential unit because
    13  of any other lawful ground.
    14    2. Nothing in this section shall restrict a landlord's legal rights to
    15  recover  possession  of  a  residential  unit on grounds not based on or
    16  derived from the certified medical use of medical marihuana.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10158-03-9
feedback