NY State Senate Bill 2023-S358B

Senate Bill S358B

Signed By Governor

2023-2024 Legislative Session

Relates to prohibiting the unauthorized installation of certain security devices on residential buildings

download bill text pdf

Current Bill Status Via A2258 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 17, 2023	approval memo.23 signed chap.637
Nov 13, 2023	delivered to governor
Jun 05, 2023	returned to assembly passed senate 3rd reading cal.325 substituted for s358b
Jun 05, 2023	substituted by a2258b
May 08, 2023	amended on third reading 358b
Mar 21, 2023	amended on third reading 358a
Feb 14, 2023	advanced to third reading
Feb 13, 2023	2nd report cal.
Feb 08, 2023	1st report cal.325
Jan 04, 2023	referred to consumer protection

Votes

- Jun 5, 2023 - Floor Vote
  A2258
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Feb 8, 2023 - Consumer Protection Committee Vote
  S358B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Feb 8, 2023
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      Weber

Bill Amendments

Original

B (Active)

2023-S358 - Details

See Assembly Version of this Bill:: A2258
Law Section:: General Business Law
Laws Affected:: Add §390-e, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8380, A9939

2023-S358 - Summary

Prohibits the installation of certain security devices used to control access to common areas of a residential building without the written permission of the owners, board of managers, board of directors, or authorized party of such property.

2023-S358 - Sponsor Memo

                                 
BILL NUMBER: S358

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
unauthorized installation of  certain security devices on residential
buildings

 
PURPOSE GENERAL IDEA OF BILL:

To prevent the unauthorized installation of keyless entry devices that
could allow for unauthorized entry into residential buildings.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 390-d to the general business law to
prohibit the unauthorized installation of keyless security devices with-
out the express written consent of the manager or board of directors of
such property. The authorized installation of a keyless security device
must be performed by or under the supervision of the owner or operator
of the entry system or intercom.

Section 2 is the effective date.

 
JUSTIFICATION:

Amazon's "Key for Business" initiative allows Amazon to install keyless
security devices in residential buildings to give their drivers the
ability to unlock apartment-building doors with a mobile device, ulti-
mately speeding up their rounds and preventing stolen packages.

This program requires that a security device be installed on the doors
of residential buildings. This has caused serious security and privacy
concerns. Namely, tenants may not be notified when these security
devices have been installed and are then unaware of who has access to
their building.

One residential building in Westchester experienced such an issue.
According to the news report, neither the tenants nor building manager
knew or permitted Amazon to install such a device. The tenants and
building manager only learned the device was installed after hundreds of
residents reported issues granting access to guests and delivery driv-
ers. A service technician called to fix the intercom discovered the
Amazon key and radio transmitters inside the intercom causing interfer-
ence. This resulted in a $1,500 charge for the intercom repair.

This bill will ensure New Yorkers are aware of any keyless entry devices
being installed in their buildings by requiring express written consent
of the manager or board of directors of the property.  The bill also
protects tenants and property owners from potential intercom repair
costs resulting from incompatible software by requiring the intercom
owner or operator to be present at installation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S358 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    358
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   unauthorized installation of  certain security devices on  residential
   buildings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-e to read as follows:
   § 390-E. UNAUTHORIZED INSTALLATION OF CERTAIN SECURITY DEVICES PROHIB-
 ITED. NO PERSON, FIRM, PARTNERSHIP,  ASSOCIATION  OR  CORPORATION  SHALL
 INSTALL ANY KEYLESS SECURITY DEVICE USED TO CONTROL AND SECURE ACCESS TO
 THE COMMON AREAS OF ANY RESIDENTIAL BUILDING WITHOUT THE EXPRESS WRITTEN
 CONSENT  OF  THE MANAGER OR BOARD OF DIRECTORS OF SUCH PROPERTY. WHERE A
 KEYLESS SECURITY DEVICE HAS BEEN AUTHORIZED, ANY  INSTALLATION  OF  SUCH
 DEVICE  INCLUDING  HARDWARE AND SOFTWARE SHALL BE PERFORMED BY, OR UNDER
 THE SUPERVISION OF, THE OWNER OR OPERATOR OF THE ENTRY SYSTEM  IN  PLACE
 IN  SUCH  BUILDING, INCLUDING ANY AFFECTED OR INTERCONNECTED INTERCOM OR
 OTHER SECURITY SYSTEM.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01646-01-3

2023-S358A - Details

See Assembly Version of this Bill:: A2258
Law Section:: General Business Law
Laws Affected:: Add §390-e, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8380, A9939

2023-S358A - Summary

2023-S358A - Sponsor Memo

                                 
BILL NUMBER: S358A

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
unauthorized installation of  certain security devices on residential
buildings

 
PURPOSE GENERAL IDEA OF BILL:

To prevent the unauthorized installation of keyless entry devices that
could allow for unauthorized entry into residential buildings.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 390-d to the general business law to
prohibit the unauthorized installation of keyless security devices with-
out the express written consent of the owner, manager, board of direc-
tors, or authorized party of such property. The authorized installation
of a keyless security device must be performed by or with the consent of
the owner, manager, board of directors, or authorized party of such

property.

Section 2 is the effective date.

 
JUSTIFICATION:

Amazon's "Key for Business" initiative allows Amazon to install keyless
security devices in residential buildings to give their drivers the
ability to unlock apartment-building doors with a mobile device, ulti-
mately speeding up their rounds and preventing stolen packages.

This program requires that a security device be installed on the doors
of residential buildings. This has caused serious security and privacy
concerns. Namely, tenants may not be notified when these security
devices have been installed and are then unaware of who has access to
their building.

One residential building in Westchester experienced such an issue.
According to the news report, neither the tenants nor building manager
knew or permitted Amazon to install such a device. The tenants and
building manager only learned the device was installed after hundreds of
residents reported issues granting access to guests and delivery driv-
ers. A service technician called to fix the intercom discovered the
Amazon key and radio transmitters inside the intercom causing interfer-
ence. This resulted in a $1,500 charge for the intercom repair.

This bill will ensure New Yorkers are aware of any keyless entry devices
being installed in their buildings by requiring express written consent
of the manager or board of directors of the property.  The bill also
protects tenants and property owners from potential intercom repair
costs resulting from incompatible software by requiring the intercom
owner or operator to be present at installation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S358A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  358--A
     Cal. No. 325
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the general business law, in relation to prohibiting the
   unauthorized  installation of  certain security devices on residential
   buildings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-e to read as follows:
   § 390-E. UNAUTHORIZED INSTALLATION OF CERTAIN SECURITY DEVICES PROHIB-
 ITED.  NO  PERSON,  FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL
 INSTALL ANY KEYLESS SECURITY DEVICE USED TO CONTROL AND SECURE ACCESS TO
 THE COMMON AREAS OF ANY RESIDENTIAL BUILDING WITHOUT THE EXPRESS WRITTEN
 CONSENT OF THE OWNER, PROPERTY MANAGER, BOARD OF DIRECTORS,  OR  AUTHOR-
 IZED  PARTY  OF  SUCH PROPERTY. WHERE A KEYLESS SECURITY DEVICE HAS BEEN
 AUTHORIZED, ANY INSTALLATION OF SUCH DEVICE SHALL BE  PERFORMED  BY,  OR
 WITH THE CONSENT OF, THE OWNER, PROPERTY MANAGER, BOARD OF DIRECTORS, OR
 AUTHORIZED PARTY IN PLACE IN SUCH BUILDING.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01646-02-3

2023-S358B (ACTIVE) - Details

See Assembly Version of this Bill:: A2258
Law Section:: General Business Law
Laws Affected:: Add §390-e, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8380, A9939

2023-S358B (ACTIVE) - Summary

2023-S358B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S358B

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
unauthorized installation of  certain security devices on residential
buildings

 
PURPOSE GENERAL IDEA OF BILL:

To prevent the unauthorized installation of keyless entry devices that
could allow for unauthorized entry into residential buildings.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 390-d to the general business law to
prohibit the unauthorized installation of keyless security devices with-
out the express written consent of the owner, board of managers, board
of directors, or authorized party of such property. The authorized
installation of a keyless security device must be performed by or with
the consent of the owner, board of managers, board of directors, or

authorized party of such property.

Section 2 is the effective date.

 
JUSTIFICATION:

Amazon's "Key for Business" initiative allows Amazon to install keyless
security devices in residential buildings to give their drivers the
ability to unlock apartment-building doors with a mobile device, ulti-
mately speeding up their rounds and preventing stolen packages.

This program requires that a security device be installed on the doors
of residential buildings. This has caused serious security and privacy
concerns. Namely, tenants may not be notified when these security
devices have been installed and are then unaware of who has access to
their building.

One residential building in Westchester experienced such an issue.
According to the news report, neither the tenants nor building manager
knew or permitted Amazon to install such a device. The tenants and
building manager only learned the device was installed after hundreds of
residents reported issues granting access to guests and delivery driv-
ers. A service technician called to fix the intercom discovered the
Amazon key and radio transmitters inside the intercom causing interfer-
ence. This resulted in a $1,500 charge for the intercom repair.

This bill will ensure New Yorkers are aware of any keyless entry devices
being installed in their buildings by requiring express written consent
of the manager or board of directors of the property.  The bill also
protects tenants and property owners from potential intercom repair
costs resulting from incompatible software by requiring the intercom
owner or operator to be present at installation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S358B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  358--B
     Cal. No. 325
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the general business law, in relation to prohibiting the
   unauthorized  installation of  certain security devices on residential
   buildings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-e to read as follows:
   § 390-E. UNAUTHORIZED INSTALLATION OF CERTAIN SECURITY DEVICES PROHIB-
 ITED.  NO  PERSON,  FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL
 INSTALL ANY KEYLESS SECURITY DEVICE USED TO CONTROL AND SECURE ACCESS TO
 THE COMMON AREAS OF ANY RESIDENTIAL BUILDING WITHOUT THE EXPRESS WRITTEN
 CONSENT OF THE OWNER, BOARD OF MANAGERS, BOARD OF DIRECTORS, OR  AUTHOR-
 IZED  PARTY  OF  SUCH PROPERTY. WHERE A KEYLESS SECURITY DEVICE HAS BEEN
 AUTHORIZED, ANY INSTALLATION OF SUCH DEVICE SHALL BE  PERFORMED  BY,  OR
 WITH  THE  CONSENT  OF,  THE OWNER, PROPERTY MANAGER, BOARD OF MANAGERS,
 BOARD OF DIRECTORS, OR AUTHORIZED PARTY IN PLACE IN SUCH BUILDING.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01646-05-3

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