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New York State Assembly

Speaker Carl E. Heastie
 
     
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A07764 Summary:

BILL NOA07764
 
SAME ASSAME AS S04117-A
 
SPONSORO'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 NOA07764
 
05/20/2019referred to housing
01/08/2020referred to housing
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A07764 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A7764
 
SPONSOR: O'Donnell

 
TITLE OF BILL:  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
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To protect tenants from eviction as a result of their certified use of
medical marihuana.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 adds a new section 744-a to the real property law. Specifies
that a tenant shall not be removed from a residential unit because of
their certified medical use of medical marihuana. Section 2 is the
effective date.
 
 
JUSTIFICATION:
 
Under current New York state law an individual with a qualified condi-
tion can seek and be approved under our medical marihuana law. Safe-
guards are in place to ensure that this person uses it lawfully for
medical purposes only. However, Federal law has not caught up with this
and places medical users in possible jeopardy. One instance occurred in
Niagara Falls when a 78 year old man was evicted for using medical mari-
huana as a means of pain management. At the time his eviction was made
on the grounds that HUD prohibits and has a strict policy of allowing
and evicting individuals who use marihuana. However, upon further review
a Region II administrator stated that "State (and) federal law needs to
catch up with medicinal marihuana usage (and) require private landlords
to legally permit the same." As a result of this statement the company
that evicted him rescinded their decision.This legislation would seek to
ensure that tenants lawfully using medical marihuana are protected from
eviction proceedings.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New Bill
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.
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