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Senate Bill S2263

2023-2024 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2023-S2263 (ACTIVE) - Details

See Assembly Version of this Bill:
A7159
Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §716, RPAP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4117, A7764
2021-2022: S183, A3240
2025-2026: S3689

2023-S2263 (ACTIVE) - Summary

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

2023-S2263 (ACTIVE) - Sponsor Memo

2023-S2263 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2263
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  SANDERS, 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.
                                                            LBD06770-01-3

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