S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7790
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Housing
 
 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:
 
   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 IDEN-
 TIFIED  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 CHARACTER-
 ISTICS OF AN INDIVIDUAL'S FACE ARE ANALYZED TO  DETERMINE  THE  INDIVID-
 UAL'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  APPLI-
 CATION 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  APPLI-
 CATION  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

 A. 7790                             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 PRAC-
 TICE 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  PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.