NY State Senate Bill 2021-S183

Senate Bill S183

2021-2022 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 Senate Committee Housing, Construction And Community Development 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
Jan 05, 2022	referred to housing, construction and community development
Jun 10, 2021	committed to rules
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.111
Jan 06, 2021	referred to housing, construction and community development

Votes

- Jan 19, 2021 - Housing, Construction And Community Development Committee Vote
  S183
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Jan 19, 2021
      
      aye (11)
      
      Boyle
      
      Brisport
      
      Helming
      
      Jackson
      
      Kavanagh
      
      Mannion
      
      Martucci
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar

co-Sponsors

2021-S183 (ACTIVE) - Details

See Assembly Version of this Bill:: A3240
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §716, RPAP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4117, A7764
2023-2024: S2263, A7159
2025-2026: S3689

2021-S183 (ACTIVE) - Summary

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

2021-S183 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S183

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:

S. 4117A/A. 7764 of 2019/20; Passed Senate

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S183 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    183
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAPLAN,  JACKSON, KAVANAGH, LIU -- 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  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

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Senate Bill S183

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Sponsored By

Anna M. Kaplan