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

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

view votes

Jan 19, 2021 - Housing, Construction and Community Development committee Vote

S183
11
0
committee
11
Aye
0
Nay
0
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: Jan 19, 2021

Co-Sponsors

S183 (ACTIVE) - Details

See Assembly Version of this Bill:
A3240
Current Committee:
Senate Rules
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
S4117, A7764

S183 (ACTIVE) - Summary

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

S183 (ACTIVE) - Sponsor Memo

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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