NY State Senate Bill 2023-S2478

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1087
Jan 03, 2024	referred to judiciary
Jan 20, 2023	referred to judiciary

Votes

- May 14, 2024 - Judiciary Committee Vote
  S2478
  
  11
  
  Aye
  
  5
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 14, 2024
      
      aye (11)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Stavisky
      
      nay (5)
      
      Canzoneri-Fitzpatrick
      
      Martins
      
      O'Mara
      
      Palumbo
      
      Rhoads
      
      aye wr (3)
      
      Lanza
      
      Skoufis
      
      Thomas

co-Sponsors

2023-S2478 (ACTIVE) - Details

See Assembly Version of this Bill:: A322
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add §235-j, RP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5687, A7790
2021-2022: S73, A4352

2023-S2478 (ACTIVE) - Summary

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

2023-S2478 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2478

SPONSOR: HOYLMAN-SIGAL
 
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 Gener-
al 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 analyzing
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 development.

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 prem-
ises 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:

S.0073 of 2021-2022 (Hoylman): Died in Judiciary

A.4352 of 2021-2022 (Walker): Died in Housing

S.5687 of 2019-2020 (Hoylman): Died in Judiciary

A.7790 of 2019-2020 (Walker): Died in Housing

 
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.
 
PURPOSE:

2023-S2478 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2478
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The real property law is amended by adding  a  new  section
 235-j to read as follows:
   § 235-J. 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

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

 S. 2478                             2
 
 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
 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.

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Senate Bill S2478

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

May 14, 2024 - Judiciary Committee Vote

Judiciary Committee Vote: May 14, 2024

co-Sponsors

2023-S2478 (ACTIVE) - Details

2023-S2478 (ACTIVE) - Summary

2023-S2478 (ACTIVE) - Sponsor Memo

2023-S2478 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2478

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

Jabari Brisport

Julia Salazar

2023-S2478 (ACTIVE) - Details

2023-S2478 (ACTIVE) - Summary

2023-S2478 (ACTIVE) - Sponsor Memo

2023-S2478 (ACTIVE) - Bill Text download pdf

Comments