|SAME AS S02263
|Add 716, RPAP L
|Prohibits the eviction of tenants for using medical marihuana for a certified medical use.
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STATE OF NEW YORK ________________________________________________________________________ 7159 2023-2024 Regular Sessions IN ASSEMBLY May 11, 2023 ___________ 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. LBD06770-01-3