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A07764 Summary:

BILL NO	A07764
SAME AS	SAME AS S04117-A
SPONSOR	O'Donnell
COSPNSR
MLTSPNSR
Add §716, RPAP L
Prohibits the eviction of tenants for using medical marihuana for a certified medical use.

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A07764 Actions:

BILL NO	A07764
05/20/2019	referred to housing
01/08/2020	referred to housing

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A07764 Committee Votes:

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A07764 Floor Votes:

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A07764 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7764
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2019
                                       ___________
 
        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:
 
     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.
                                                                   LBD10158-04-9

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