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 4-0)
Status: (Engrossed - Dead) 2020-07-21 - referred to housing [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