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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6788--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 20, 2019
                                       ___________

        Introduced  by  M.  of A. L. ROSENTHAL, DINOWITZ, SIMON, EPSTEIN, GLICK,
          JAFFEE, GALEF, RIVERA, COLTON, CRESPO, McMAHON, GOTTFRIED, M. G. MILL-
          ER, ABINANTI, FRONTUS, WRIGHT -- read once and referred to the Commit-
          tee  on  Housing  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the multiple dwelling 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  multiple  dwelling  law  is  amended by adding a new
     2  section 50-b to read as follows:
     3    § 50-b. Entrances; keys and electronic or computerized  entry  system.
     4  1. Consistent with the provisions of this title, for every entrance from
     5  the  street,  passageway,  court, yard, cellar, or similar entrance to a
     6  class A multiple dwelling, a tenant, at their request, shall be provided
     7  with a key that does not rely on an  electronic  or  computerized  entry
     8  system to facilitate entrance to such multiple dwelling.
     9    2.  Data  collection.  a.  Electronic  and/or computerized data. If an
    10  electronic and/or computerized entry system is utilized to gain entrance
    11  to a class A multiple dwelling, the only  information  gathered  by  any
    12  electronic  and/or  computerized  entry  system  shall be limited to the
    13  lessee or tenant's name and apartment number, and the  preferred  method
    14  of  contact  for  such  lessee  or tenant. A biometric identifier may be
    15  collected pursuant to this section in order  to  register  a  lessee  or
    16  tenant for an electronic and/or computerized entry system.
    17    (i)  The  owner  of the multiple dwelling may collect only the minimum
    18  data required by the technology used in the electronic and/or  computer-
    19  ized entry system to effectuate such entrance and protect the privacy of
    20  such tenants.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10358-04-9
        A. 6788--A                          2

     1    (ii) A copy of such data may be retained for reference at the point of
     2  authentication  by the electronic and/or computerized entry system. Such
     3  reference data may be retained only for tenants or those  authorized  by
     4  the tenant.
     5    (iii) The owner of the multiple dwelling shall destroy the electronic,
     6  physical, and/or computerized data collected, except for reference data,
     7  within  a reasonable time, but not later than thirty days after the date
     8  collected.
     9    (iv) Reference data for a tenant or those authorized by a tenant shall
    10  be destroyed within thirty days of (1) the tenant  permanently  vacating
    11  the  dwelling,  or (2) a request by the tenant to withdraw authorization
    12  for those previously authorized by the tenant.
    13    b. Biometric identifier. (i) For the purposes of this section, "biome-
    14  tric identifier" means a retina or iris scan,  fingerprint,  voiceprint,
    15  or record of hand, face geometry or other similar feature.
    16    (ii) An entity may not capture a biometric identifier of an individual
    17  to  gain  entrance to a class A multiple dwelling unless the person is a
    18  tenant or person authorized by the tenant, and  informs  the  individual
    19  before  capturing  the  biometric identifier; and receives their express
    20  consent to capture the biometric identifier.
    21    (iii) Any entity that possesses a biometric identifier of an  individ-
    22  ual that is captured to gain entrance to a class A multiple dwelling:
    23    (1) May not sell, lease or otherwise disclose the biometric identifier
    24  to  another  person  unless  pursuant  to a grand jury subpoena or court
    25  ordered warrant, subpoena, or other authorized court ordered process.
    26    (2) Shall store, transmit and protect from  disclosure  the  biometric
    27  identifier  using reasonable care and in a manner that is the same as or
    28  more protective than the manner in which the  person  stores,  transmits
    29  and protects confidential information the person possesses; and
    30    (3)  Shall  destroy the biometric identifier within a reasonable time,
    31  but not later than forty-eight hours after the  date  collected,  except
    32  for reference data.  If any prohibited information is collected, such as
    33  the  likeness  of  a  minor  or  a  non-tenant, the information shall be
    34  destroyed immediately.
    35    c. Policy. The owner of the multiple dwelling, or the managing  agent,
    36  must  develop  written procedures which describe the process used to add
    37  persons authorized by the tenant to electronic and/or computerized entry
    38  systems on a temporary or permanent basis, such as  visitors,  children,
    39  their employees, and caregivers to such building.
    40    (i)  The  procedures must clearly establish the retention schedule and
    41  guidelines for permanently destroying the data collected.
    42    (ii) The procedures cannot limit time or place  of  entrance  by  such
    43  people authorized by the tenant.
    44    3.  Prohibitions.  a.  No form of location tracking, including but not
    45  limited to satellite location based services, shall be included  in  any
    46  equipment,  key, or software provided to tenants or guests as part of an
    47  electronic and/or computerized entry system.
    48    b. It shall be prohibited to  collect  through  an  electronic  and/or
    49  computerized  entry system the likeness of a minor occupant, information
    50  on the relationship  status  of  tenants,  lessees  and/or  guests,  the
    51  frequency  of the use of the electronic and/or computerized entry system
    52  by a lessee, tenant or guest, or the frequency, time and  use  of  guest
    53  access codes.
    54    c.  Information  that  is acquired via the use of an electronic and/or
    55  computerized entry system shall not be used for any purposes other  than
    56  monitoring  building  entrances  and  shall  not be used as the basis or
        A. 6788--A                          3

     1  support for an action to evict a lessee or tenant, or an  administrative
     2  hearing  seeking  a  change  in regulatory coverage for an individual or
     3  unit.  However, a tenant may authorize their information to be used by a
     4  third  party, but such a request must clearly state who will have access
     5  to such information, for what purpose it will be used, and  the  privacy
     6  policies  which  will  protect their information. Under no circumstances
     7  may a lease or a renewal be contingent upon authorizing such use.
     8    d. Information and data collected shall not be made available  to  any
     9  third party, unless authorized by the tenant as described above, includ-
    10  ing but not limited to law enforcement, except upon a grand jury subpoe-
    11  na  or  a  court  ordered  warrant,  subpoena, or other authorized court
    12  ordered process.
    13    4. Storage of information. Any information or data collected shall  be
    14  stored in a secure manner to prevent unauthorized access by both employ-
    15  ees  and  contractors  and those unaffiliated with the landlord or their
    16  agents, except as otherwise provided in this section. Future or continu-
    17  ing tenancy shall not be conditioned upon consenting to the  use  of  an
    18  electronic and/or computerized entry system.
    19    5.  Waiver  of  rights; void. Any agreement by a lessee or tenant of a
    20  dwelling waiving or modifying his or her rights as  set  forth  in  this
    21  section shall be void as contrary to public policy.
    22    6. Penalties. A person who violates this section is subject to a civil
    23  penalty  of  not more than five thousand dollars for each violation. The
    24  attorney general may bring an action to recover the  civil  penalty.  An
    25  individual injured by a violation of this section may bring an action to
    26  recover  damages. A court may also award attorneys' fees to a prevailing
    27  plaintiff.
    28    7. Exemption. Nothing herein shall apply to multiple  dwellings  owned
    29  or  managed  by an entity subject to 42 U.S.C. § 1437 et seq., or any of
    30  its subsidiaries.
    31    § 2. Severability. If any provision of this act, or any application of
    32  any provision of this act, is held to be invalid, that shall not  affect
    33  the  validity or effectiveness of any other provision of this act, or of
    34  any other application of any provision of this act, which can  be  given
    35  effect  without  that  provision  or  application;  and to that end, the
    36  provisions and applications of this act are severable.
    37    § 3. This act shall take effect immediately.