S T A T E O F N E W Y O R K
________________________________________________________________________
3240
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
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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.
LBD00951-01-1