What's happening
This bill prohibits landlords from using facial recognition systems or related data in residential properties, with enforcement and penalties for violations.
Why it matters
Expands tenant privacy protections. by explicitly prohibiting landlords from using facial recognition technology or any data derived from it, preventing both identification and behavioral analysis of residents.
Empowers tenants and the Attorney General. by allowing both private lawsuits and state enforcement against landlords who violate the ban, offering multiple avenues to challenge misuse or abuse of surveillance technology.
Establishes significant legal and financial consequences. for violations, including potential injunctions, damages (at least $1,000 per violation or actual damages, whichever is greater), and mandatory attorneys’ fees for successful plaintiffs—creating a strong deterrent for landlords.
Addresses broad concerns about digital surveillance. in housing, reflecting growing worries about biometric data misuse, discrimination, and the chilling effect invasive technologies can have on residents’ sense of safety and autonomy in their homes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Landlord Facial Recognition
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Landlord Facial Recognition
In Assembly Committee · Housing · Sponsor Latrice Walker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5687
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
Introduced by Sens. HOYLMAN, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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 Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 235-h to read as follows:
§ 235-h. Unlawful use of facial recognition system. 1. As used in this section:
(a) "Facial recognition" means both:
(1) the automated or semi-automated process by which a person is identified or attempted to be identified based on the characteristics of their face, including identification of known or unknown individuals or groups; and
(2) the automated or semi-automated process by which the characteristics of an individual's face are analyzed to determine the individual's sentiment, state of mind, or other propensities including but not limited to level of dangerousness.
(b) "Facial recognition system" means any computer software or application that performs facial recognition.
2. Notwithstanding any law, rule or regulation to the contrary, it is unlawful for any landlord to obtain, retain, access, or use, on any residential premises:
(a) any facial recognition system; or
(b) any information obtained from or by use of a facial recognition system.
3. (a) Wherever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11558-01-9
S. 5687 2
an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice, that the defendant has, in fact, violated this section an injunction may be issued by such court or justice enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than ten thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
(b) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been subjected to facial recognition in violation of this section, or about whom information has been obtained, retained, accessed, or used in violation of this chapter, may bring an action in any court of competent jurisdiction:
(1) to enjoin such violation; and
(2) to recover actual damages, or to receive one thousand dollars in damages for such violation, whichever is greater.
(c) A court shall award costs and reasonable attorneys' fees to a plaintiff who is the prevailing party in an action brought under paragraph (b) of this subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Summary of provisions
Section 1 of this bill adds a new Section 235-H to the Real Property Law to define the terms "facial recognition" and "facial recognition system" and provide that it shall be unlawful for any landlord to obtain, retain, access, or use, on any residential premises, any facial recogni- tion system or - information obtained from or by the use of a facial recognition system.
The new Section 235-H would give the Attorney General the authority to seek an injunction for violations of this section, and authorize a court to impose a civil penalty of not more than ten thousand dollars for such violations.
The new Section 235-H would also authorize a private right of action for those unlawfully subjected to facial recognition, and requires courts to award costs and reasonable attorney's fees to prevailing plaintiffs.
Section 2 of this bill establishes the effective date.
Justification
As the use of facial recognition technology becomes increasingly common, concerns have been raised by advocates for privacy and civil liberties relating to the effectiveness and ethical implications of such technolo- gy.
Significant evidence exists to suggest that facial recognition technolo- gy is less accurate when analyzing faces of color than when an alyzing white faces. A 2018 study from MIT and Stanford University examining commercially available facial analysis programs created by three major companies found that the three programs' rates of error in determining the gender of light-skinned men were never worse than 0.8%, but the rates of error for dark-skinned women were significantly higher, with two of the programs showing an error rate of more than 34%.
We have seen several recent examples in New York of landlords seeking to install facial recognition technology in residential buildings as an alternative to a traditional key or passcode system. Residents of the Atlantic Plaza Towers in Brownsville, Brooklyn recently filed their opposition with New York State Homes and Community Renewal (HCR) against the owner's plan to install a facial recognition system in the develop- ment.
In addition, the proliferation of such technology for residential use raises troubling concerns about mass surveillance and tracking capabili- ty, in an era where there are already cameras on every block, especially in urban areas. Facial recognition systems would give landlords the ability to track, at the very least, every entry and exit of their tenants and guests. The potential for misuse of this information by landlords is high, particularly those looking to intimidate or drive out longtime tenants of rent-regulated housing. Landlords already wield significant power over tenants by controlling their access to stable housing. Installing a facial recognition system on a residential premises and then requiring tenants to consent to the use of such system to remain in the building is tantamount to evicting those who object to having their sensitive personal data stored and used by a landlord.
We already have an affordable housing crisis in New York State. We should not be further restricting access to housing for tenants who are concerned about the security of their personal data. Given the substan- tive issues raised about the ethics and security of facial recognition technology, New York should prohibit its use on residential premises.
Prior legislative history
New bill
Fiscal implications
None to the State.
Effective date
This act shall take effect on the one hundred twentieth 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.