Bill Text: NY S02263 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-05-06 - referred to housing [S02263 Detail]

Download: New_York-2023-S02263-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2263

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. The real property actions and proceedings law is amended by
     2  adding a new section 716 to read as follows:
     3    § 716. Eviction based on the certified medical use of medical marihua-
     4  na prohibited. 1. A tenant shall not be removed  from  possession  of  a
     5  residential  unit  pursuant  to  this  article  because of such person's
     6  certified medical use of medical marihuana, as defined in section  thir-
     7  ty-three  hundred  sixty of the public health law. It shall be a defense
     8  to a proceeding to recover possession of a residential unit that a land-
     9  lord seeks such recovery because of a person's certified medical use  of
    10  medical  marihuana,  and  that, but for such use, the landlord would not
    11  seek to recover possession. A landlord may rebut such defense by showing
    12  that he or she seeks to recover possession of a residential unit because
    13  of any other lawful ground.
    14    2. Nothing in this section shall restrict a landlord's legal rights to
    15  recover possession of a residential unit on  grounds  not  based  on  or
    16  derived from the certified medical use of medical marihuana.
    17    § 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