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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Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 01, 2019 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

view votes

Mar 26, 2019 - Housing, Construction and Community Development committee Vote

S4117A
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Mar 26, 2019

aye wr (1)

S4117 - Details

See Assembly Version of this Bill:
A7764
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L

S4117 - Summary

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

S4117 - Sponsor Memo

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

S4117A (ACTIVE) - Details

See Assembly Version of this Bill:
A7764
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L

S4117A (ACTIVE) - Summary

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

S4117A (ACTIVE) - Sponsor Memo

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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