NY A07159

Adds new section 716 to the Real Property Actions and Proceedings Law prohibiting tenant eviction based on certified medical use of medical marihuana as defined in Public Health Law section 3360.

Establishes an affirmative defense for tenants in eviction proceedings: a landlord's attempt to recover possession is prohibited if motivated by the tenant's certified medical marihuana use, unless the landlord can prove another lawful ground for eviction.

Preserves landlord rights to pursue eviction on any lawful ground unrelated to or not derived from the tenant's medical marihuana use.

Takes effect immediately upon enactment.