BILL NUMBER: S3689
SPONSOR: SANDERS
 
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:
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. Period" 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statement the company that evicted him rescinded their decision.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.
 
LEGISLATIVE HISTORY:
2022 REFERRED TO SENATE HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
2022 referred to assembly housing
2021 SENATE THIRD READING
2021 referred to assembly housing
S. 4117A/A. 7764 of 2019/20; Passed Senate
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.