S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6788
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  The  real property law is amended by adding a new section
 235-h to read as follows:
   § 235-H. SMART ACCESS SYSTEMS FOR  ENTRY.  1.  A  LANDLORD  SHALL  NOT
 REQUIRE  A  LESSEE  OR  TENANT TO USE A SMART ACCESS SYSTEM FOR MEANS OF
 ENTRY AS THE ONLY METHOD OF ENTRY FOR BUILDING ENTRANCES, COMMON  AREAS,
 ELEVATORS,  GARAGE GATES, OR APARTMENT ENTRY DOORS. A TRADITIONAL METHOD
 OF ENTRY SHALL BE PROVIDED TO ANY  LESSEE  OR  TENANT  THAT  REQUESTS  A
 TRADITIONAL  METHOD  OF  ENTRY  AND  SUCH  LESSEE OR TENANT SHALL NOT BE
 RESTRICTED TO ACCESS BUILDING ENTRANCES, COMMON AREAS, ELEVATORS, GARAGE
 GATES, APARTMENT ENTRY DOORS OR OTHER CONVENIENCES OF  THE  BUILDING.  A
 LANDLORD SHALL NOT ASSESS ANY FEE OR OTHER CHARGE FOR A LESSEE OR TENANT
 THAT CHOOSES NOT TO USE A SMART ACCESS SYSTEM.
   2. (A) INFORMATION GATHERED BY ANY SMART ACCESS SYSTEM SHALL BE LIMIT-
 ED TO THE LESSEE OR TENANT'S NAME AND APARTMENT NUMBER AND THE PREFERRED
 METHOD  OF CONTACT FOR SUCH LESSEE OR TENANT. ALSO, INFORMATION GATHERED
 MAY INCLUDE A GUEST'S NAME, TIME IN AND OUT  AND  THE  APARTMENT  TO  BE
 VISITED.
   (B)  IT SHALL BE PROHIBITED TO COLLECT ANY INFORMATION OR THE LIKENESS
 OF A MINOR RESIDENT OR GUEST, INFORMATION ON THE RELATIONSHIP STATUS  OF
 TENANTS,  LESSEE  AND/OR  GUESTS,  THE FREQUENCY OF THE USE OF THE SMART
 ACCESS SYSTEM BY A LESSEE, TENANT OR GUEST, OR THE FREQUENCY,  TIME  AND
 USE OF GUEST ACCESS CODES.
   3.  GPS MONITORING MAY ONLY RECORD LESSEE, TENANT OR GUEST LOCATION AT
 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
 
 ABOUT  MOVEMENT WITHIN THE BUILDING AFTER THE POINT OF ENTRY OR ANYWHERE
 OUTSIDE OF THE BUILDING. IN ADDITION, USERS OF THE SMART  ACCESS  SYSTEM
 MUST BE PROVIDED WITH A MECHANISM FOR TURNING THE GPS ON AND OFF.
   4.  (A)  INFORMATION COLLECTED PURSUANT TO SUBDIVISION TWO OR THREE OF
 THIS SECTION SHALL NOT BE STORED FOR LONGER THAN TWENTY-FOUR HOURS.
   (B) INFORMATION THAT IS ACQUIRED VIA THE USE OF A SMART ACCESS  SYSTEM
 SHALL  NOT  BE  USED  FOR  ANY  PURPOSES  OTHER THAN MONITORING BUILDING
 ENTRANCES AND SHALL NOT BE USED AS THE BASIS FOR AN ACTION  TO  EVICT  A
 LESSEE OR TENANT.
   (C)  DATA  COLLECTED  THROUGH A SMART ACCESS SYSTEM MAY ONLY BE SHARED
 WITH THIRD PARTIES WITH THE EXPRESS CONSENT OF THE LESSEE OR TENANT. USE
 OF THE SMART ACCESS SYSTEM SHALL NOT BE MADE CONDITIONAL UPON THE  SHAR-
 ING OF SUCH DATA.
   (D)  INFORMATION  OR  DATA  COLLECTED  SHALL  NOT BE MADE AVAILABLE TO
 GOVERNMENT OR LAW ENFORCEMENT UNLESS UPON A  WARRANT  OR  OTHER  GOVERN-
 MENTAL PROCESS.
   5.  (A)  FUTURE  OR  CONTINUING  TENANCY SHALL NOT BE CONDITIONED UPON
 CONSENTING TO THE USE OF A SMART ACCESS SYSTEM.
   (B) ANY AGREEMENT BY A LESSEE OR TENANT OF A DWELLING WAIVING OR MODI-
 FYING HIS OR HER RIGHTS AS SET FORTH IN THIS SECTION SHALL  BE  VOID  AS
 CONTRARY TO PUBLIC POLICY.
   6. FOR PURPOSES OF THIS SECTION, "SMART ACCESS SYSTEM" MEANS ANY ELEC-
 TRONIC  BASED  SYSTEM THAT ALLOWS KEYLESS ENTRY. A "SMART ACCESS SYSTEM"
 MAY INCLUDE THE USE OF, BUT NOT BE  LIMITED  TO,  SMART  PHONES,  MOBILE
 APPS, WI-FI OR BLUETOOTH TECHNOLOGY.
   §  2.  The real property law is amended by adding a new section 339-ll
 to read as follows:
   § 339-LL. SMART ACCESS SYSTEMS FOR ENTRY. 1. A CONDOMINIUM ASSOCIATION
 SHALL NOT REQUIRE A UNIT OWNER TO USE A SMART ACCESS SYSTEM FOR MEANS OF
 ENTRY AS THE ONLY METHOD OF ENTRY FOR BUILDING ENTRANCES, COMMON  AREAS,
 ELEVATORS,  GARAGE  GATES, OR ENTRY DOORS. A TRADITIONAL METHOD OF ENTRY
 SHALL BE PROVIDED TO ANY UNIT OWNER THAT REQUESTS A  TRADITIONAL  METHOD
 OF  ENTRY AND SUCH UNIT OWNER SHALL NOT BE RESTRICTED TO ACCESS BUILDING
 ENTRANCES, COMMON AREAS, ELEVATORS, GARAGE GATES, ENTRY DOORS  OR  OTHER
 CONVENIENCES OF THE BUILDING. A CONDOMINIUM ASSOCIATION SHALL NOT ASSESS
 ANY FEE OR OTHER CHARGE FOR A UNIT OWNER THAT CHOOSES NOT TO USE A SMART
 ACCESS SYSTEM.
   2. (A) INFORMATION GATHERED BY ANY SMART ACCESS SYSTEM SHALL BE LIMIT-
 ED TO THE OWNER OR TENANT'S NAME AND UNIT NUMBER AND THE PREFERRED METH-
 OD  OF CONTACT FOR SUCH OWNER OR TENANT.  ALSO, INFORMATION GATHERED MAY
 INCLUDE A GUEST'S NAME, TIME IN AND OUT AND THE UNIT TO BE VISITED.
   (B) IT SHALL BE PROHIBITED TO COLLECT ANY INFORMATION OR THE  LIKENESS
 OF  A MINOR RESIDENT OR GUEST, INFORMATION ON THE RELATIONSHIP STATUS OF
 OWNERS, TENANTS AND/OR GUESTS, THE FREQUENCY OF THE  USE  OF  THE  SMART
 ACCESS  SYSTEM  BY AN OWNER, TENANT OR GUEST, OR THE FREQUENCY, TIME AND
 USE OF GUEST ACCESS CODES.
   3. GPS MONITORING MAY ONLY RECORD OWNER, TENANT OR GUEST  LOCATION  AT
 THE  POINT  OF ENTRY TO THE BUILDING, AND SHALL NOT RECORD OR STORE DATA
 ABOUT MOVEMENT WITHIN THE BUILDING AFTER THE POINT OF ENTRY OR  ANYWHERE
 OUTSIDE  OF  THE BUILDING. IN ADDITION, USERS OF THE SMART ACCESS SYSTEM
 MUST BE PROVIDED WITH A MECHANISM FOR TURNING THE GPS ON AND OFF.
   4. (A) INFORMATION COLLECTED PURSUANT TO SUBDIVISION TWO OR  THREE  OF
 THIS SECTION SHALL NOT BE STORED FOR LONGER THAN TWENTY-FOUR HOURS.
   (B)  INFORMATION THAT IS ACQUIRED VIA THE USE OF A SMART ACCESS SYSTEM
 SHALL NOT BE USED  FOR  ANY  PURPOSES  OTHER  THAN  MONITORING  BUILDING

 A. 6788                             3
 
 ENTRANCES  AND  SHALL  NOT BE USED AS THE BASIS FOR AN ACTION AGAINST AN
 OWNER OR TENANT.
   (C)  DATA  COLLECTED  THROUGH A SMART ACCESS SYSTEM MAY ONLY BE SHARED
 WITH THIRD PARTIES WITH THE EXPRESS CONSENT OF THE OWNER OR TENANT.  USE
 OF  THE SMART ACCESS SYSTEM SHALL NOT BE MADE CONDITIONAL UPON THE SHAR-
 ING OF SUCH DATA.
   (D) INFORMATION OR DATA COLLECTED  SHALL  NOT  BE  MADE  AVAILABLE  TO
 GOVERNMENT  OR  LAW  ENFORCEMENT  UNLESS UPON A WARRANT OR OTHER GOVERN-
 MENTAL PROCESS.
   5. (A) FUTURE OR CONTINUING OWNERSHIP OR TENANCY SHALL NOT  BE  CONDI-
 TIONED UPON CONSENTING TO THE USE OF A SMART ACCESS SYSTEM.
   (B)  ANY AGREEMENT BY A OWNER OR TENANT OF A DWELLING WAIVING OR MODI-
 FYING HIS OR HER RIGHTS AS SET FORTH IN THIS SECTION SHALL  BE  VOID  AS
 CONTRARY TO PUBLIC POLICY.
   6. FOR PURPOSES OF THIS SECTION, "SMART ACCESS SYSTEM" MEANS ANY ELEC-
 TRONIC  BASED  SYSTEM THAT ALLOWS KEYLESS ENTRY. A "SMART ACCESS SYSTEM"
 MAY INCLUDE THE USE OF, BUT NOT BE  LIMITED  TO,  SMART  PHONES,  MOBILE
 APPS, WI-FI OR BLUETOOTH TECHNOLOGY.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6788--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 50-b to read as follows:
   § 50-B. ENTRANCES; KEYS AND ELECTRONIC OR COMPUTERIZED  ENTRY  SYSTEM.
 1. CONSISTENT WITH THE PROVISIONS OF THIS TITLE, FOR EVERY ENTRANCE FROM
 THE  STREET,  PASSAGEWAY,  COURT, YARD, CELLAR, OR SIMILAR ENTRANCE TO A
 CLASS A MULTIPLE DWELLING, A TENANT, AT THEIR REQUEST, SHALL BE PROVIDED
 WITH A KEY THAT DOES NOT RELY ON AN  ELECTRONIC  OR  COMPUTERIZED  ENTRY
 SYSTEM TO FACILITATE ENTRANCE TO SUCH MULTIPLE DWELLING.
   2.  DATA  COLLECTION.  A.  ELECTRONIC  AND/OR COMPUTERIZED DATA. IF AN
 ELECTRONIC AND/OR COMPUTERIZED ENTRY SYSTEM IS UTILIZED TO GAIN ENTRANCE
 TO A CLASS A MULTIPLE DWELLING, THE ONLY  INFORMATION  GATHERED  BY  ANY
 ELECTRONIC  AND/OR  COMPUTERIZED  ENTRY  SYSTEM  SHALL BE LIMITED TO THE
 LESSEE OR TENANT'S NAME AND APARTMENT NUMBER, AND THE  PREFERRED  METHOD
 OF  CONTACT  FOR  SUCH  LESSEE  OR TENANT. A BIOMETRIC IDENTIFIER MAY BE
 COLLECTED PURSUANT TO THIS SECTION IN ORDER  TO  REGISTER  A  LESSEE  OR
 TENANT FOR AN ELECTRONIC AND/OR COMPUTERIZED ENTRY SYSTEM.
   (I)  THE  OWNER  OF THE MULTIPLE DWELLING MAY COLLECT ONLY THE MINIMUM
 DATA REQUIRED BY THE TECHNOLOGY USED IN THE ELECTRONIC AND/OR  COMPUTER-
 IZED ENTRY SYSTEM TO EFFECTUATE SUCH ENTRANCE AND PROTECT THE PRIVACY OF
 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
 
   (II) A COPY OF SUCH DATA MAY BE RETAINED FOR REFERENCE AT THE POINT OF
 AUTHENTICATION  BY THE ELECTRONIC AND/OR COMPUTERIZED ENTRY SYSTEM. SUCH
 REFERENCE DATA MAY BE RETAINED ONLY FOR TENANTS OR THOSE  AUTHORIZED  BY
 THE TENANT.
   (III) THE OWNER OF THE MULTIPLE DWELLING SHALL DESTROY THE ELECTRONIC,
 PHYSICAL, AND/OR COMPUTERIZED DATA COLLECTED, EXCEPT FOR REFERENCE DATA,
 WITHIN  A REASONABLE TIME, BUT NOT LATER THAN THIRTY DAYS AFTER THE DATE
 COLLECTED.
   (IV) REFERENCE DATA FOR A TENANT OR THOSE AUTHORIZED BY A TENANT SHALL
 BE DESTROYED WITHIN THIRTY DAYS OF (1) THE TENANT  PERMANENTLY  VACATING
 THE  DWELLING,  OR (2) A REQUEST BY THE TENANT TO WITHDRAW AUTHORIZATION
 FOR THOSE PREVIOUSLY AUTHORIZED BY THE TENANT.
   B. BIOMETRIC IDENTIFIER. (I) FOR THE PURPOSES OF THIS SECTION, "BIOME-
 TRIC IDENTIFIER" MEANS A RETINA OR IRIS SCAN,  FINGERPRINT,  VOICEPRINT,
 OR RECORD OF HAND, FACE GEOMETRY OR OTHER SIMILAR FEATURE.
   (II) AN ENTITY MAY NOT CAPTURE A BIOMETRIC IDENTIFIER OF AN INDIVIDUAL
 TO  GAIN  ENTRANCE TO A CLASS A MULTIPLE DWELLING UNLESS THE PERSON IS A
 TENANT OR PERSON AUTHORIZED BY THE TENANT, AND  INFORMS  THE  INDIVIDUAL
 BEFORE  CAPTURING  THE  BIOMETRIC IDENTIFIER; AND RECEIVES THEIR EXPRESS
 CONSENT TO CAPTURE THE BIOMETRIC IDENTIFIER.
   (III) ANY ENTITY THAT POSSESSES A BIOMETRIC IDENTIFIER OF AN  INDIVID-
 UAL THAT IS CAPTURED TO GAIN ENTRANCE TO A CLASS A MULTIPLE DWELLING:
   (1) MAY NOT SELL, LEASE OR OTHERWISE DISCLOSE THE BIOMETRIC IDENTIFIER
 TO  ANOTHER  PERSON  UNLESS  PURSUANT  TO A GRAND JURY SUBPOENA OR COURT
 ORDERED WARRANT, SUBPOENA, OR OTHER AUTHORIZED COURT ORDERED PROCESS.
   (2) SHALL STORE, TRANSMIT AND PROTECT FROM  DISCLOSURE  THE  BIOMETRIC
 IDENTIFIER  USING REASONABLE CARE AND IN A MANNER THAT IS THE SAME AS OR
 MORE PROTECTIVE THAN THE MANNER IN WHICH THE  PERSON  STORES,  TRANSMITS
 AND PROTECTS CONFIDENTIAL INFORMATION THE PERSON POSSESSES; AND
   (3)  SHALL  DESTROY THE BIOMETRIC IDENTIFIER WITHIN A REASONABLE TIME,
 BUT NOT LATER THAN FORTY-EIGHT HOURS AFTER THE  DATE  COLLECTED,  EXCEPT
 FOR REFERENCE DATA.  IF ANY PROHIBITED INFORMATION IS COLLECTED, SUCH AS
 THE  LIKENESS  OF  A  MINOR  OR  A  NON-TENANT, THE INFORMATION SHALL BE
 DESTROYED IMMEDIATELY.
   C. POLICY. THE OWNER OF THE MULTIPLE DWELLING, OR THE MANAGING  AGENT,
 MUST  DEVELOP  WRITTEN PROCEDURES WHICH DESCRIBE THE PROCESS USED TO ADD
 PERSONS AUTHORIZED BY THE TENANT TO ELECTRONIC AND/OR COMPUTERIZED ENTRY
 SYSTEMS ON A TEMPORARY OR PERMANENT BASIS, SUCH AS  VISITORS,  CHILDREN,
 THEIR EMPLOYEES, AND CAREGIVERS TO SUCH BUILDING.
   (I)  THE  PROCEDURES MUST CLEARLY ESTABLISH THE RETENTION SCHEDULE AND
 GUIDELINES FOR PERMANENTLY DESTROYING THE DATA COLLECTED.
   (II) THE PROCEDURES CANNOT LIMIT TIME OR PLACE  OF  ENTRANCE  BY  SUCH
 PEOPLE AUTHORIZED BY THE TENANT.
   3.  PROHIBITIONS.  A.  NO FORM OF LOCATION TRACKING, INCLUDING BUT NOT
 LIMITED TO SATELLITE LOCATION BASED SERVICES, SHALL BE INCLUDED  IN  ANY
 EQUIPMENT,  KEY, OR SOFTWARE PROVIDED TO TENANTS OR GUESTS AS PART OF AN
 ELECTRONIC AND/OR COMPUTERIZED ENTRY SYSTEM.
   B. IT SHALL BE PROHIBITED TO  COLLECT  THROUGH  AN  ELECTRONIC  AND/OR
 COMPUTERIZED  ENTRY SYSTEM THE LIKENESS OF A MINOR OCCUPANT, INFORMATION
 ON THE RELATIONSHIP  STATUS  OF  TENANTS,  LESSEES  AND/OR  GUESTS,  THE
 FREQUENCY  OF THE USE OF THE ELECTRONIC AND/OR COMPUTERIZED ENTRY SYSTEM
 BY A LESSEE, TENANT OR GUEST, OR THE FREQUENCY, TIME AND  USE  OF  GUEST
 ACCESS CODES.
   C.  INFORMATION  THAT  IS ACQUIRED VIA THE USE OF AN ELECTRONIC AND/OR
 COMPUTERIZED ENTRY SYSTEM SHALL NOT BE USED FOR ANY PURPOSES OTHER  THAN
 MONITORING  BUILDING  ENTRANCES  AND  SHALL  NOT BE USED AS THE BASIS OR

 A. 6788--A                          3
 
 SUPPORT FOR AN ACTION TO EVICT A LESSEE OR TENANT, OR AN  ADMINISTRATIVE
 HEARING  SEEKING  A  CHANGE  IN REGULATORY COVERAGE FOR AN INDIVIDUAL OR
 UNIT.  HOWEVER, A TENANT MAY AUTHORIZE THEIR INFORMATION TO BE USED BY A
 THIRD  PARTY, BUT SUCH A REQUEST MUST CLEARLY STATE WHO WILL HAVE ACCESS
 TO SUCH INFORMATION, FOR WHAT PURPOSE IT WILL BE USED, AND  THE  PRIVACY
 POLICIES  WHICH  WILL  PROTECT THEIR INFORMATION. UNDER NO CIRCUMSTANCES
 MAY A LEASE OR A RENEWAL BE CONTINGENT UPON AUTHORIZING SUCH USE.
   D. INFORMATION AND DATA COLLECTED SHALL NOT BE MADE AVAILABLE  TO  ANY
 THIRD PARTY, UNLESS AUTHORIZED BY THE TENANT AS DESCRIBED ABOVE, INCLUD-
 ING BUT NOT LIMITED TO LAW ENFORCEMENT, EXCEPT UPON A GRAND JURY SUBPOE-
 NA  OR  A  COURT  ORDERED  WARRANT,  SUBPOENA, OR OTHER AUTHORIZED COURT
 ORDERED PROCESS.
   4. STORAGE OF INFORMATION. ANY INFORMATION OR DATA COLLECTED SHALL  BE
 STORED IN A SECURE MANNER TO PREVENT UNAUTHORIZED ACCESS BY BOTH EMPLOY-
 EES  AND  CONTRACTORS  AND THOSE UNAFFILIATED WITH THE LANDLORD OR THEIR
 AGENTS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION. FUTURE OR CONTINU-
 ING TENANCY SHALL NOT BE CONDITIONED UPON CONSENTING TO THE  USE  OF  AN
 ELECTRONIC AND/OR COMPUTERIZED ENTRY SYSTEM.
   5.  WAIVER  OF  RIGHTS; VOID. ANY AGREEMENT BY A LESSEE OR TENANT OF A
 DWELLING WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS
 SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   6. PENALTIES. A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL
 PENALTY  OF  NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION. THE
 ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER THE  CIVIL  PENALTY.  AN
 INDIVIDUAL INJURED BY A VIOLATION OF THIS SECTION MAY BRING AN ACTION TO
 RECOVER  DAMAGES. A COURT MAY ALSO AWARD ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   7. EXEMPTION. NOTHING HEREIN SHALL APPLY TO MULTIPLE  DWELLINGS  OWNED
 OR  MANAGED  BY AN ENTITY SUBJECT TO 42 U.S.C. § 1437 ET SEQ., OR ANY OF
 ITS SUBSIDIARIES.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately.