Bill Text: NY S02478 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the use of a facial recognition system by a landlord on any residential premises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S02478 Detail]

Download: New_York-2023-S02478-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2478

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL, BRISPORT -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary

        AN  ACT  to  amend the real property law, in relation to prohibiting the
          use of a facial recognition system by a landlord  on  any  residential
          premises

          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-j to read as follows:
     3    § 235-j. Unlawful use of facial recognition system. 1. As used in this
     4  section:
     5    (a) "Facial recognition" means both:
     6    (1) the automated or semi-automated process by which a person is iden-
     7  tified  or  attempted  to  be identified based on the characteristics of
     8  their face, including identification of known or unknown individuals  or
     9  groups; and
    10    (2)  the  automated  or semi-automated process by which the character-
    11  istics of an individual's face are analyzed to  determine  the  individ-
    12  ual's  sentiment, state of mind, or other propensities including but not
    13  limited to level of dangerousness.
    14    (b) "Facial recognition system" means any computer software or  appli-
    15  cation that performs facial recognition.
    16    2.  Notwithstanding any law, rule or regulation to the contrary, it is
    17  unlawful for any landlord to obtain, retain,  access,  or  use,  on  any
    18  residential premises:
    19    (a) any facial recognition system; or
    20    (b)  any  information  obtained from or by use of a facial recognition
    21  system.
    22    3. (a) Wherever there shall be a violation of this section, an  appli-
    23  cation  may be made by the attorney general in the name of the people of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01046-01-3
        S. 2478                             2

     1  the state of New York to a court or justice having jurisdiction to issue
     2  an injunction, and upon notice to the defendant of not  less  than  five
     3  days,  to enjoin and restrain the continuance of such violations; and if
     4  it  shall  appear  to the satisfaction of the court or justice, that the
     5  defendant has, in fact, violated  this  section  an  injunction  may  be
     6  issued  by  such  court or justice enjoining and restraining any further
     7  violation, without requiring proof that any person has,  in  fact,  been
     8  injured  or  damaged thereby. In any such proceeding, the court may make
     9  allowances to the attorney general  as  provided  in  paragraph  six  of
    10  subdivision (a) of section eighty-three hundred three of the civil prac-
    11  tice  law  and  rules, and direct restitution.  Whenever the court shall
    12  determine that a violation of this section has occurred, the  court  may
    13  impose  a  civil  penalty  of  not  more  than  ten thousand dollars. In
    14  connection with any such proposed application, the attorney  general  is
    15  authorized  to take proof and make a determination of the relevant facts
    16  and to issue subpoenas in accordance with the  civil  practice  law  and
    17  rules.
    18    (b) In addition to the right of action granted to the attorney general
    19  pursuant  to  this  section, any person who has been subjected to facial
    20  recognition in violation of this section, or about whom information  has
    21  been obtained, retained, accessed, or used in violation of this chapter,
    22  may bring an action in any court of competent jurisdiction:
    23    (1) to enjoin such violation; and
    24    (2)  to  recover actual damages, or to receive one thousand dollars in
    25  damages for such violation, whichever is greater.
    26    (c) A court shall award costs and  reasonable  attorneys'  fees  to  a
    27  plaintiff  who  is the prevailing party in an action brought under para-
    28  graph (b) of this subdivision.
    29    § 2. This act shall take effect on the one hundred twentieth day after
    30  it shall have become a law.