S04117 Summary:

BILL NOS04117A
 
SAME ASSAME AS A07764
 
SPONSORKAPLAN
 
COSPNSRJACKSON, KAVANAGH, LIU
 
MLTSPNSR
 
Add 716, RPAP L
 
Prohibits the eviction of tenants for using medical marihuana for a certified medical use.
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S04117 Actions:

BILL NOS04117A
 
02/28/2019REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
03/19/2019AMEND (T) AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
03/19/2019PRINT NUMBER 4117A
03/26/20191ST REPORT CAL.325
03/27/20192ND REPORT CAL.
03/28/2019ADVANCED TO THIRD READING
04/01/2019PASSED SENATE
04/01/2019DELIVERED TO ASSEMBLY
04/01/2019referred to judiciary
01/08/2020died in assembly
01/08/2020returned to senate
01/08/2020REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/21/20201ST REPORT CAL.213
01/22/20202ND REPORT CAL.
01/23/2020ADVANCED TO THIRD READING
07/21/2020PASSED SENATE
07/21/2020DELIVERED TO ASSEMBLY
07/21/2020referred to housing
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S04117 Committee Votes:

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S04117 Floor Votes:

There are no votes for this bill in this legislative session.
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S04117 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4117--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2019
                                       ___________
 
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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.
                                                                   LBD10158-03-9
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