1. Possession of an opioid antagonist may not be received in evidence in any trial, hearing or proceeding pursuant to subdivision one of section two hundred thirty-one and paragraph three of subdivision b of section two hundred thirty-three of the real property law or subdivision five of section seven hundred eleven and subdivision one of section seven hundred fifteen of the real property actions and proceedings law as evidence that the building or premises are being used for illegal trade, manufacture, or other illegal business. 2. For the purposes of this section, opioid antagonist shall have the same meaning as set forth in subdivision two of section 60.49 of the criminal procedure law.
§ 4519-a.Possession of opioid antagonists; receipt into evidence.
Article 45. Evidence · Last amended 2021 · Last verified July 21, 2026
In one sentenceCPLR 4519-a keeps a tenant's possession of an opioid antagonist such as naloxone out of evidence in the specific eviction and nuisance proceedings the statute lists, so it cannot serve as proof that an apartment or building is being used for an illegal drug trade.
Full Text of CPLR 4519-a
Plain-English Summary
This section closes off one narrow path landlords and prosecutors might otherwise use in a holdover or nuisance abatement case: pointing to a tenant's naloxone kit or similar overdose-reversal drug as proof that the unit is a drug den. Under the rule, a court hearing one of the listed real property proceedings cannot receive evidence of opioid antagonist possession for that purpose, full stop.
The listed proceedings are specific ones under the Real Property Law and the Real Property Actions and Proceedings Law dealing with illegal trade, manufacture, or business conducted on leased premises. The legislature added this carve-out because naloxone saves lives, and a tenant who keeps it on hand to reverse an overdose, their own or a neighbor's, should not have to weigh that decision against the risk of losing their home.
The rule does not immunize a tenant from eviction generally. A landlord can still offer other proof of illegal drug activity: sales, manufacturing paraphernalia, complaints, police reports, and the like. What the statute removes is a single inference, that having naloxone in the apartment means the apartment is being used for the drug trade.
Subdivision 2 borrows its definition of opioid antagonist from the Criminal Procedure Law, so the same drugs covered there, like naloxone, are covered here.
Frequently Asked Questions
What counts as an opioid antagonist under CPLR 4519-a?
The statute adopts the definition in CPL 60.49, which covers naloxone and similar drugs used to reverse an opioid overdose.
Can a landlord evict a tenant just for having naloxone in the apartment?
No. In the proceedings this section covers, possession of an opioid antagonist cannot be received in evidence as proof the premises are used for illegal drug trade, manufacture, or business.
Does this rule block a landlord from proving illegal drug activity in any other way?
No. It only removes the tenant's possession of an opioid antagonist as evidence; a landlord can still rely on other proof of illegal activity.
Which eviction proceedings does CPLR 4519-a apply to?
It applies to the specific proceedings listed in the statute under Real Property Law sections 231 and 233(b)(3) and Real Property Actions and Proceedings Law sections 711(5) and 715(1), all of which deal with illegal use of leased premises.
When did CPLR 4519-a take effect?
The legislature added it in 2021, effective December 6, 2021.
Why did New York add this evidence rule?
To remove a disincentive to carrying naloxone. Tenants who keep an overdose-reversal drug on hand to protect themselves or others should not risk having that fact used against them in an eviction case.
Amendment History
L 2021, ch 431, § 2, effective December 6, 2021.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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