Assembly Bill A3240

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A3240 (ACTIVE) - Details

See Senate Version of this Bill:
S183
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: A7764, S4117
2023-2024: A7159, S2263

2021-A3240 (ACTIVE) - Summary

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

2021-A3240 (ACTIVE) - Bill Text download pdf 

                            
 
                     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
                                ___________
 
 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

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