assembly Bill A7764

2019-2020 Legislative Session

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

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to housing
May 20, 2019 referred to housing

A7764 (ACTIVE) - Details

See Senate Version of this Bill:
S4117
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L

A7764 (ACTIVE) - Summary

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

A7764 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7764

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2019
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Housing

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.
                                                           LBD10158-04-9