NY State Senate Bill 2019-S4117

Senate Bill S4117

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to housing delivered to assembly passed senate
Jan 23, 2020	advanced to third reading
Jan 22, 2020	2nd report cal.
Jan 21, 2020	1st report cal.213
Jan 08, 2020	referred to housing, construction and community development returned to senate died in assembly
Apr 01, 2019	referred to judiciary delivered to assembly passed senate
Mar 28, 2019	advanced to third reading
Mar 27, 2019	2nd report cal.
Mar 26, 2019	1st report cal.325
Mar 19, 2019	print number 4117a
Mar 19, 2019	amend (t) and recommit to housing, construction and community development
Feb 28, 2019	referred to housing, construction and community development

Votes

- Jul 21, 2020 - Floor Vote
  S4117
  
  58
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 21, 2020
      
      aye (58)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (2)
      
      Akshar
      
      Funke
  Jan 21, 2020 - Housing, Construction And Community Development Committee Vote
  S4117
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Jan 21, 2020
      
      aye (11)
      
      Amedore
      
      Boyle
      
      Helming
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Little
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar

Bill Amendments

Original

A (Active)

2019-S4117 - Details

Current Committee:: Assembly Housing
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §716, RPAP L
Versions Introduced in 2019-2020 Legislative Session:: S4117

2019-S4117 - Summary

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

2019-S4117 - Sponsor Memo

                                
 
BILL NUMBER: S4117

SPONSOR: KAPLAN
 
TITLE OF BILL:  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

 
PURPOSE:

To prohibit proceedings to be commenced under Article 7 of the real
property actions and proceedings law when an tenant is a user of medical
marihuana and uses medical marihuana for a certified medical use.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 716 to the real property action and
proceedings law. Specifically it defined medical marihuana and certified
medical use as the same as set forth in section 3360 of the public
health law.

Also would prohibit a person, corporation, limited liability company,

partnership or any other business entity from commencing proceedings
pursuant to this article on the grounds that a tenant is a patient
certified to use medical marihuana pursuant to title five-A of article
thirty-three of the public health law.

Section 2 is the effective date.

 
JUSTIFICATION:

Under current New York state law an individual with a qualified condi-
tion can seek and be approved under our medical marihuana law. Safe-
guards are in place to ensure that this person uses it lawfully for
medical purposes only. However, Federal law has not caught up with this
and places medical users in possible jeopardy. One instance occurred in
Niagara Falls when a 78 year old man was evicted for using medical mari-
huana as a means of pain management. At the time his eviction was made
on the grounds that HUD prohibits and has a strict policy of allowing
and evicting individuals who use marihuana. However, upon further review
a Region II administrator stated that "State (and) federal law needs to
catch up with medicinal marihuana usage (and) require private landlords
to legally permit the same. Period" As a result of this statement the
company that evicted him rescinded their decision.

This legislation would seek to ensure that tenants lawfully using
medical marihuana are protected from eviction proceedings.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

Current Committee:: Assembly Housing
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §716, RPAP L
Versions Introduced in 2019-2020 Legislative Session:: S4117

2019-S4117A (ACTIVE) - Summary

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

2019-S4117A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4117A

SPONSOR: KAPLAN
 
TITLE OF BILL:  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

 
PURPOSE:

To protect tenants from eviction as a result of their certified use of
medical marihuana.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 744-a to the real property law. Specifies
that a tenant shall not be removed from a residential unit because of
their certified medical use of medical marihuana. Section 2 is the
effective date.

 
JUSTIFICATION:

Under current New York state law an individual with a qualified condi-
tion can seek and be approved under our medical marihuana law.  Safe-
guards are in place to ensure that this person uses it lawfully for
medical purposes only. However, Federal law has not caught up with this
and places medical users in possible jeopardy. One instance occurred in
Niagara Falls when a 78 year old man was evicted for using medical mari-
huana as a means of pain management. At the time his eviction was made
on the grounds that HUD prohibits and has a strict policy of allowing
and evicting individuals who use marihuana.  However, upon further
review a Region II administrator stated that "State (and) federal law
needs to catch up with medicinal marihuana usage (and) require private
landlords to,legally permit the same.  Period" As a result of this
statement the company that evicted him rescinded their decision.

This legislation would seek to ensure that tenants lawfully using
medical marihuana are protected from eviction proceedings.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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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Senate Bill S4117

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Sponsored By

Anna M. Kaplan