|SAME AS||SAME AS S04117-A|
|Add §716, RPAP L|
|Prohibits the eviction of tenants for using medical marihuana for a certified medical use.|
|05/20/2019||referred to housing|
|01/08/2020||referred to housing|
A07764 Committee Votes:Go to top
A07764 Floor Votes:
There are no votes for this bill in this legislative session.
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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 As a result of this statement the company that evicted him rescinded their decision.This legislation would seek to ensure that tenants lawfully using medical marihuana are protected from eviction proceedings.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.