STATE OF NEW YORK
2019-2020 Regular Sessions
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.