Cannabis is a powerful source of natural relief for a growing number of people. For medical cannabis users, it might be vital to their health and well-being. However, there is always a chance that a leasing company or a building owner might be against it. It didn’t matter if you consistently paid rent on time or were a good tenant. For many years owners had the right to kick you out because you possessed cannabis, even if you had a prescription. But not anymore. The New York Senate looks to protect medical cannabis users statewide with their new bill.

Senate Bill S183

This upcoming 2021-2022 Legislative Session will see the introduction of the Senate Bill S183. This bill would prohibit the eviction of a resident for possession of medical cannabis. It states:

“Eviction based on the certified medical use of medical marihuana prohibited.
1. A tenant shall not be removed from possession of a residential unit pursuant to this article because of such person’s certified medical use of medical marihuana, as defined in section thirty-three hundred sixty of the public health law. It shall be a defense to a proceeding to recover possession of a residential unit that a landlord seeks such recovery because of a person’s certified medical use of medical marihuana, and that, but for such use, the landlord would not seek to recover possession.”

A tenant cannot be evicted from their residence simply because they possess medical cannabis. If evicted, tenants can now seek legal counsel for an unjust eviction. These are simple ways to protect medical cannabis users. It’s great to see New York taking the next step to protect its citizens.

Future

However, if there are other reasons for a tenant to be evicted besides possessing medical cannabis, then the landlord has the right to remove the tenant. The law also protects the landlord’s rights. If a tenant breaks their leasing agreement, doesn’t pay rent, or there are other concerns that come up beyond the possession of medical cannabis, then the landlord has the right to evict. Senate Bill S183 is in the introduction stages of this new year’s Legislative Session. There are high hopes that it will pass to protect residents from any wrongful evictions just because they have a medicine that a landlord or leasing agency doesn’t agree with.

This story is still developing, so as more information is released, we will be sure to update you with the latest. If you would like more information about the legislative process for New York, check this link.

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