What's happening
This bill prohibits requiring residents to use electronic entry devices that collect personal information unless they give written, optional consent.
Why it matters
Protects resident privacy. By requiring written, optional consent before using entry devices that collect personal information, the bill gives residents control over whether their movements and identities are tracked within their own homes.
Prevents coercion by landlords. The bill ensures that using such devices cannot be made a condition of signing or renewing a lease, protecting tenants from being pressured into giving up privacy rights just to secure housing.
Defines and limits data collection. By specifying that “personal identifying information” includes things like photographs, names, addresses, apartment numbers, and entry/exit times, it sets clear boundaries on what kind of data landlords and building operators can collect—if at all.
Protects tenants’ housing security. The bill explicitly states that refusing these devices cannot affect a resident’s occupancy or lease terms, helping safeguard against retaliation or discrimination for those who value their privacy.
Albany, before your first meeting.
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Who cares
Headline styles
Ban Mandatory Electronic Entry
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2308
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the general city law, in relation to electronic entry cards which register personal identifying information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general city law is amended by adding a new section 18-e to read as follows:
§ 18-e. Electronic entry cards or devices. An electronic entry card or device which contains, registers or records personal identifying information shall not be required as a mechanism for a resident or resident's guest to enter or exit a residential building or apartment unless such resident affirmatively consents in writing to use of such card or device. Such consent shall not be a term or condition of a lease and shall not be valid unless such resident is notified in writing that such consent is entirely optional and is not required for occupancy. A resident's withholding of such consent shall not have any effect whatsoever on the terms and conditions of the resident's occupancy. For the purposes of this section, personal identifying information shall include, but not be limited to, a photograph, name, address, unit or apartment number, and time of entrance or exit, and a residential building shall mean an apartment house.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02185-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general city law, in relation to electronic entry cards which register personal identifying information
Purpose
To require a resident's voluntary consent prior to the use of electronic entry key cards or devices which trace identifying information in resi- dential buildings.
Summary of provisions
Section one of the bill amends the general city law by adding a new section 18-e which prohibits, unless affirmatively consented to by a resident in writing, the use of electronic entry cards which record identifying information as a means of access to a residential building or apartment. Identifying information includes, but is not limited to, photographs, names, addresses, the apartment number, and the time of entrance or exit. Section one also prevents such consent from being included as a lease term and makes clear that such consent may not be required for occupancy.
Section two of the bill sets forth the effective date.
Justification
Landlords are increasingly using electronic key cards or devices as a means of controlling access to residential buildings. Such key cards or devices can record personal identifying information about a tenant, such as the tenant's comings and goings and that of their guests. Under current law, there is no requirement that a tenant consent to this prac- tice when a landlord decides to implement such a system.
We live in a world where private companies are increasingly monitoring our private behavior and collecting and storing data for their use or to be sold to or shared with others. The disclosure of personal information regarding when residents enter or exit their homes, and the comings and goings of their private guests, should not be subject to this kind of intrusive monitoring and therefore should not be required for residency. Instead, landlords that would like to utilize this technology should be required to obtain the written consent of any resident who will be affected.
Fiscal impact on the state
None.
Fiscal impact on localities
None.
Impact on regulation of businesses and individuals
Prohibits landlords from requiring an electronic key card, which contains personal information, for entry or exit of a building without a tenant's written consent.
Impact on fines, imprisonment, forfeiture of rights, or other penal sanctions
None.
Legislative history
2018: S7152 - REFERRED TO CITIES
2017: A1812 - stricken
2016: A5928A - referred to cities
2015: A5928A - referred to cities
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.