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Senate Bill S4117A

2019-2020 Legislative Session

Prohibits the eviction of tenants for using medical marihuana for a certified medical use

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-S4117 - Details

See Assembly Version of this Bill:
A7764
Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S183, A3240
2023-2024: S2263, A7159
2025-2026: S3689

2019-S4117 - Summary

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

2019-S4117 - Sponsor Memo

2019-S4117 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4117
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to prohibiting the eviction  of  tenants  for  using  medical
   marihuana for a certified medical use

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 716 to read as follows:
   § 716. CERTIFIED USE OF MEDICAL MARIHUANA; NO GROUNDS. 1. FOR PURPOSES
 OF THIS SECTION, THE TERMS "MEDICAL MARIHUANA"  AND  "CERTIFIED  MEDICAL
 USE"  SHALL  HAVE  THE  SAME  MEANING  SET FORTH IN SECTION THIRTY-THREE
 HUNDRED SIXTY OF THE PUBLIC HEALTH LAW.
   2. NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY,  PARTNERSHIP  OR
 ANY  OTHER  BUSINESS  ENTITY SHALL COMMENCE PROCEEDINGS PURSUANT TO THIS
 ARTICLE ON THE GROUNDS THAT A TENANT USES MEDICAL MARIHUANA FOR A CERTI-
 FIED MEDICAL USE, PROVIDED THAT SUCH TENANT IS A  PATIENT  CERTIFIED  TO
 USE  MEDICAL  MARIHUANA PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE
 OF THE PUBLIC HEALTH LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10158-01-9

co-Sponsors

2019-S4117A (ACTIVE) - Details

See Assembly Version of this Bill:
A7764
Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S183, A3240
2023-2024: S2263, A7159
2025-2026: S3689

2019-S4117A (ACTIVE) - Summary

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

2019-S4117A (ACTIVE) - Sponsor Memo

2019-S4117A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4117--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 716 to read as follows:
   § 716. EVICTION BASED ON THE CERTIFIED MEDICAL USE OF MEDICAL MARIHUA-
 NA  PROHIBITED.  1.  A  TENANT SHALL NOT BE REMOVED FROM POSSESSION OF A
 RESIDENTIAL UNIT PURSUANT TO  THIS  ARTICLE  BECAUSE  OF  SUCH  PERSON'S
 CERTIFIED  MEDICAL USE OF MEDICAL MARIHUANA, AS DEFINED IN SECTION THIR-
 TY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW. IT SHALL BE  A  DEFENSE
 TO A PROCEEDING TO RECOVER POSSESSION OF A RESIDENTIAL UNIT THAT A LAND-
 LORD  SEEKS SUCH RECOVERY BECAUSE OF A PERSON'S CERTIFIED MEDICAL USE OF
 MEDICAL MARIHUANA, AND THAT, BUT FOR SUCH USE, THE  LANDLORD  WOULD  NOT
 SEEK TO RECOVER POSSESSION. A LANDLORD MAY REBUT SUCH DEFENSE BY SHOWING
 THAT HE OR SHE SEEKS TO RECOVER POSSESSION OF A RESIDENTIAL UNIT BECAUSE
 OF ANY OTHER LAWFUL GROUND.
   2. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHTS TO
 RECOVER  POSSESSION  OF  A  RESIDENTIAL  UNIT ON GROUNDS NOT BASED ON OR
 DERIVED FROM THE CERTIFIED MEDICAL USE OF MEDICAL MARIHUANA.
   § 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

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