Bill Text: NY A06788 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits class A multiple dwellings from requiring the use of a smart access system for means of entry for building entrances, common areas, elevators, garage gates, or apartment entry doors; restricts information that may be gathered on lessees, tenants, owners or guests.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06788 Detail]

Download: New_York-2019-A06788-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6788
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 20, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing
        AN ACT to amend the real property law, in  relation  to  limitations  on
          smart  access  systems for entry and restricts information that may be
          gathered from such systems
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  real property law is amended by adding a new section
     2  235-h to read as follows:
     3    § 235-h. Smart access systems for  entry.  1.  A  landlord  shall  not
     4  require  a  lessee  or  tenant to use a smart access system for means of
     5  entry as the only method of entry for building entrances, common  areas,
     6  elevators,  garage gates, or apartment entry doors. A traditional method
     7  of entry shall be provided to any  lessee  or  tenant  that  requests  a
     8  traditional  method  of  entry  and  such  lessee or tenant shall not be
     9  restricted to access building entrances, common areas, elevators, garage
    10  gates, apartment entry doors or other conveniences of  the  building.  A
    11  landlord shall not assess any fee or other charge for a lessee or tenant
    12  that chooses not to use a smart access system.
    13    2. (a) Information gathered by any smart access system shall be limit-
    14  ed to the lessee or tenant's name and apartment number and the preferred
    15  method  of contact for such lessee or tenant. Also, information gathered
    16  may include a guest's name, time in and out  and  the  apartment  to  be
    17  visited.
    18    (b)  It shall be prohibited to collect any information or the likeness
    19  of a minor resident or guest, information on the relationship status  of
    20  tenants,  lessee  and/or  guests,  the frequency of the use of the smart
    21  access system by a lessee, tenant or guest, or the frequency,  time  and
    22  use of guest access codes.
    23    3.  GPS monitoring may only record lessee, tenant or guest location at
    24  the point of entry to the building, and shall not record or  store  data
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10358-01-9
        A. 6788                             2
     1  about  movement within the building after the point of entry or anywhere
     2  outside of the building. In addition, users of the smart  access  system
     3  must be provided with a mechanism for turning the GPS on and off.
     4    4.  (a)  Information collected pursuant to subdivision two or three of
     5  this section shall not be stored for longer than twenty-four hours.
     6    (b) Information that is acquired via the use of a smart access  system
     7  shall  not  be  used  for  any  purposes  other than monitoring building
     8  entrances and shall not be used as the basis for an action  to  evict  a
     9  lessee or tenant.
    10    (c)  Data  collected  through a smart access system may only be shared
    11  with third parties with the express consent of the lessee or tenant. Use
    12  of the smart access system shall not be made conditional upon the  shar-
    13  ing of such data.
    14    (d)  Information  or  data  collected  shall  not be made available to
    15  government or law enforcement unless upon a  warrant  or  other  govern-
    16  mental process.
    17    5.  (a)  Future  or  continuing  tenancy shall not be conditioned upon
    18  consenting to the use of a smart access system.
    19    (b) Any agreement by a lessee or tenant of a dwelling waiving or modi-
    20  fying his or her rights as set forth in this section shall  be  void  as
    21  contrary to public policy.
    22    6. For purposes of this section, "smart access system" means any elec-
    23  tronic  based  system that allows keyless entry. A "smart access system"
    24  may include the use of, but not be  limited  to,  smart  phones,  mobile
    25  apps, wi-fi or Bluetooth technology.
    26    §  2.  The real property law is amended by adding a new section 339-ll
    27  to read as follows:
    28    § 339-ll. Smart access systems for entry. 1. A condominium association
    29  shall not require a unit owner to use a smart access system for means of
    30  entry as the only method of entry for building entrances, common  areas,
    31  elevators,  garage  gates, or entry doors. A traditional method of entry
    32  shall be provided to any unit owner that requests a  traditional  method
    33  of  entry and such unit owner shall not be restricted to access building
    34  entrances, common areas, elevators, garage gates, entry doors  or  other
    35  conveniences of the building. A condominium association shall not assess
    36  any fee or other charge for a unit owner that chooses not to use a smart
    37  access system.
    38    2. (a) Information gathered by any smart access system shall be limit-
    39  ed to the owner or tenant's name and unit number and the preferred meth-
    40  od  of contact for such owner or tenant.  Also, information gathered may
    41  include a guest's name, time in and out and the unit to be visited.
    42    (b) It shall be prohibited to collect any information or the  likeness
    43  of  a minor resident or guest, information on the relationship status of
    44  owners, tenants and/or guests, the frequency of the  use  of  the  smart
    45  access  system  by an owner, tenant or guest, or the frequency, time and
    46  use of guest access codes.
    47    3. GPS monitoring may only record owner, tenant or guest  location  at
    48  the  point  of entry to the building, and shall not record or store data
    49  about movement within the building after the point of entry or  anywhere
    50  outside  of  the building. In addition, users of the smart access system
    51  must be provided with a mechanism for turning the GPS on and off.
    52    4. (a) Information collected pursuant to subdivision two or  three  of
    53  this section shall not be stored for longer than twenty-four hours.
    54    (b)  Information that is acquired via the use of a smart access system
    55  shall not be used  for  any  purposes  other  than  monitoring  building
        A. 6788                             3
     1  entrances  and  shall  not be used as the basis for an action against an
     2  owner or tenant.
     3    (c)  Data  collected  through a smart access system may only be shared
     4  with third parties with the express consent of the owner or tenant.  Use
     5  of  the smart access system shall not be made conditional upon the shar-
     6  ing of such data.
     7    (d) Information or data collected  shall  not  be  made  available  to
     8  government  or  law  enforcement  unless upon a warrant or other govern-
     9  mental process.
    10    5. (a) Future or continuing ownership or tenancy shall not  be  condi-
    11  tioned upon consenting to the use of a smart access system.
    12    (b)  Any agreement by a owner or tenant of a dwelling waiving or modi-
    13  fying his or her rights as set forth in this section shall  be  void  as
    14  contrary to public policy.
    15    6. For purposes of this section, "smart access system" means any elec-
    16  tronic  based  system that allows keyless entry. A "smart access system"
    17  may include the use of, but not be  limited  to,  smart  phones,  mobile
    18  apps, wi-fi or Bluetooth technology.
    19    § 3. This act shall take effect immediately.