S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    156
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, DINOWITZ, GLICK, SIMON, EPSTEIN, McMA-
   HON,  COLTON,  WEPRIN,  TAYLOR,  RAGA -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the multiple dwelling law  and  the  multiple  residence
   law,  in  relation to the use of smart access systems and the informa-
   tion 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. ELECTRONIC OR COMPUTERIZED ENTRY SYSTEMS. 1.  DEFINITIONS. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "ACCOUNT INFORMATION" MEANS INFORMATION THAT IS  USED  TO  GRANT  A
 USER  ENTRY  OR  ACCESS TO ANY ONLINE TOOLS THAT ARE USED TO MANAGE USER
 ACCOUNTS RELATED TO A SMART ACCESS SYSTEM.
   B. "AUTHENTICATION DATA" MEANS DATA  GENERATED  OR  COLLECTED  AT  THE
 POINT  OF  AUTHENTICATION  IN CONNECTION WITH GRANTING A USER ENTRY TO A
 CLASS A MULTIPLE DWELLING, DWELLING UNIT OF  SUCH  BUILDING,  OR  COMMON
 AREA  OF  SUCH  BUILDING  THROUGH  A SMART ACCESS SYSTEM, EXCEPT THAT IT
 SHALL NOT INCLUDE DATA GENERATED THROUGH OR  COLLECTED  BY  A  VIDEO  OR
 CAMERA SYSTEM THAT IS USED TO MONITOR ENTRANCES BUT NOT TO GRANT ENTRY.
   C.  "BIOMETRIC  IDENTIFIER INFORMATION" MEANS A PHYSIOLOGICAL, BIOLOG-
 ICAL OR BEHAVIORAL CHARACTERISTIC THAT IS USED TO IDENTIFY, OR ASSIST IN
 IDENTIFYING, AN INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO: (I) A  RETINA
 OR  IRIS  SCAN,  (II)  A FINGERPRINT, (III) A VOICEPRINT, (IV) A SCAN OR
 RECORD OF A PALM, HAND, OR FACE GEOMETRY, (V) GAIT OR MOVEMENT PATTERNS,
 OR (VI) ANY OTHER SIMILAR IDENTIFYING CHARACTERISTIC THAT  CAN  BE  USED
 ALONE  OR  IN COMBINATION WITH EACH OTHER, OR WITH OTHER INFORMATION, TO
 ESTABLISH INDIVIDUAL IDENTITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00912-01-5
 A. 156                              2
 
   D. "CRITICAL SECURITY VULNERABILITY" MEANS  A  SECURITY  VULNERABILITY
 THAT HAS A SIGNIFICANT RISK OF RESULTING IN AN UNAUTHORIZED ACCESS TO AN
 AREA SECURED BY A SMART ACCESS SYSTEM.
   E.  "REFERENCE  DATA"  MEANS  INFORMATION AGAINST WHICH AUTHENTICATION
 DATA IS VERIFIED AT THE POINT OF AUTHENTICATION BY A SMART ACCESS SYSTEM
 IN ORDER TO GRANT A USER ENTRY TO A CLASS A MULTIPLE DWELLING,  DWELLING
 UNIT OF SUCH BUILDING, OR COMMON AREA OF SUCH BUILDING.
   F.  "SECURITY  BREACH" MEANS ANY INCIDENT THAT RESULTS IN UNAUTHORIZED
 ACCESS OF DATA, APPLICATIONS, SERVICES, NETWORKS OR DEVICES BY BYPASSING
 UNDERLYING SECURITY MECHANISMS. A "SECURITY BREACH" OCCURS WHEN AN INDI-
 VIDUAL OR AN APPLICATION ILLEGITIMATELY ENTERS A  PRIVATE,  CONFIDENTIAL
 OR UNAUTHORIZED LOGICAL INFORMATION TECHNOLOGY PERIMETER.
   G.  "SMART  ACCESS  SYSTEM"  MEANS  ANY SYSTEM THAT USES ELECTRONIC OR
 COMPUTERIZED TECHNOLOGY, A RADIO FREQUENCY IDENTIFICATION CARD, A MOBILE
 PHONE  APPLICATION,  BIOMETRIC  IDENTIFIER  INFORMATION,  OR  ANY  OTHER
 DIGITAL TECHNOLOGY IN ORDER TO GRANT ACCESS TO A CLASS A MULTIPLE DWELL-
 ING,  COMMON AREAS IN SUCH MULTIPLE DWELLING, OR TO AN INDIVIDUAL DWELL-
 ING UNIT IN SUCH MULTIPLE DWELLING.
   H. "THIRD PARTY" MEANS AN ENTITY THAT INSTALLS, OPERATES OR  OTHERWISE
 DIRECTLY  SUPPORTS A SMART ACCESS SYSTEM, AND HAS ONGOING ACCESS TO USER
 DATA, EXCLUDING ANY ENTITY THAT SOLELY HOSTS SUCH DATA.
   I. "USER" MEANS A TENANT OR LAWFUL OCCUPANT  OF  A  CLASS  A  MULTIPLE
 DWELLING,  AND  ANY PERSON A TENANT OR LAWFUL OCCUPANT HAS REQUESTED, IN
 WRITING OR THROUGH A MOBILE  APPLICATION,  BE  GRANTED  ACCESS  TO  SUCH
 TENANT  OR  LAWFUL  OCCUPANT'S  DWELLING  UNIT AND SUCH BUILDING'S SMART
 ACCESS SYSTEM.
   2. ENTRY. A. WHERE AN OWNER INSTALLS  OR  PLANS  TO  INSTALL  A  SMART
 ACCESS  SYSTEM ON ANY ENTRANCE FROM THE STREET, PASSAGEWAY, COURT, YARD,
 CELLAR, OR OTHER COMMON AREA OF A CLASS A MULTIPLE DWELLING, SUCH SYSTEM
 SHALL NOT RELY SOLELY ON A WEB-BASED APPLICATION TO FACILITATE  ENTRANCE
 BUT  SHALL ALSO INCLUDE A KEY FOB, KEY CARD, DIGITAL KEY OR PASSCODE FOR
 TENANT USE.
   B. OWNERS MAY PROVIDE VARIOUS METHODS OF ENTRY INTO INDIVIDUAL  APART-
 MENTS  INCLUDING A MECHANICAL KEY OR A SMART ACCESS SYSTEM OF A KEY FOB,
 KEY CARD OR DIGITAL KEY, PROVIDED, HOWEVER THAT SUCH SMART ACCESS SYSTEM
 SHALL NOT RELY SOLELY ON A WEB-BASED APPLICATION.
   C. NOTWITHSTANDING PARAGRAPH A OR B OF THIS SUBDIVISION, OWNERS  SHALL
 PROVIDE A NON-ELECTRONIC MEANS OF ENTRY WHERE REQUESTED BY THE TENANT OR
 LAWFUL OCCUPANT DUE TO A RELIGIOUS PREFERENCE.
   D.  ALL  LAWFUL  TENANTS AND LAWFUL OCCUPANTS SHALL BE PROVIDED WITH A
 KEY, KEY FOB, DIGITAL KEY OR KEY CARD AT NO COST  TO  SUCH  TENANTS  AND
 LAWFUL  OCCUPANTS.  THE  TERM  "LAWFUL OCCUPANTS" SHALL INCLUDE CHILDREN
 UNDER THE AGE OF EIGHTEEN WHO SHALL BE ISSUED A KEY,  KEY  FOB,  DIGITAL
 KEY  OR KEY CARD IF A PARENT OR GUARDIAN REQUESTS SUCH CHILD BE PROVIDED
 WITH ONE. TENANTS AND LAWFUL OCCUPANTS MAY ALSO RECEIVE UP TO FOUR ADDI-
 TIONAL KEYS, KEY FOBS, DIGITAL KEYS OR KEY  CARDS  AT  NO  COST  TO  THE
 TENANT  OR  LAWFUL  OCCUPANT  FOR EMPLOYEES OR GUESTS. THE TERM "GUESTS"
 SHALL INCLUDE FAMILY MEMBERS AND FRIENDS WHO CAN REASONABLY BE  EXPECTED
 TO  VISIT  ON A REGULAR BASIS OR VISIT AS NEEDED TO CARE FOR THE TENANT,
 LAWFUL OCCUPANT, OR THE DWELLING UNIT IF THE TENANT  OR LAWFUL  OCCUPANT
 IS  AWAY.  EMPLOYEES,  INCLUDING CONTRACTORS, PROFESSIONAL CAREGIVERS OR
 OTHER SERVICES PROVIDERS, MAY HAVE AN EXPIRATION DATE  PLACED  ON  THEIR
 KEY,  KEY  CARD,  DIGITAL KEY OR KEY FOB, WHICH MAY BE EXTENDED UPON THE
 TENANT'S OR LAWFUL OCCUPANT'S REQUEST.  TENANTS OR LAWFUL OCCUPANTS  MAY
 REQUEST  A  NEW  OR REPLACEMENT KEY, KEY FOB, DIGITAL KEY OR KEY CARD AT
 ANY TIME THROUGHOUT THE COURSE OF THE TENANCY OR OCCUPANCY.   THE  OWNER
 A. 156                              3

 OR THEIR AGENT SHALL PROVIDE THE FIRST REPLACEMENT KEY, KEY FOB, DIGITAL
 KEY  OR  KEY  CARD  TO THE TENANT OR LAWFUL OCCUPANT FREE OF CHARGE. THE
 COST OF SECOND AND SUBSEQUENT REPLACEMENT CARDS SHALL NOT BE  MORE  THAN
 WHAT  THE OWNER PAID FOR THE REPLACEMENT UP TO AND NOT EXCEEDING TWENTY-
 FIVE DOLLARS.
   E. THE OWNER SHALL NOT SET LIMITS ON THE NUMBER  OF  KEYS,  KEY  FOBS,
 DIGITAL KEYS OR KEY CARDS A TENANT OR LAWFUL OCCUPANT MAY REQUEST.
   F.  ANY DOOR THAT HAS A SMART ACCESS SYSTEM SHALL HAVE BACKUP POWER OR
 AN ALTERNATIVE MEANS OF ENTRY TO ENSURE THAT THE ENTRY SYSTEM  CONTINUES
 TO  OPERATE  DURING  A  POWER  OUTAGE.  AN  OWNER, OR THEIR AGENT, SHALL
 ROUTINELY INSPECT THE BACKUP POWER AND SHALL REPLACE ACCORDING TO SYSTEM
 SPECIFICATIONS.  OWNERS OR THEIR AGENTS SHALL PROVIDE TENANTS AND LAWFUL
 OCCUPANTS WITH INFORMATION ABOUT WHOM TO CONTACT IN THE EVENT  THAT  THE
 TENANT,  LAWFUL  OCCUPANT OR THE TENANT'S OR LAWFUL OCCUPANT'S CHILDREN,
 GUESTS OR EMPLOYEES BECOME LOCKED OUT.
   3. NOTICE. OWNERS OR THEIR AGENTS SHALL PROVIDE NOTICE TO A TENANT  OR
 LAWFUL  OCCUPANT  AT  THE  TIME  THE TENANT OR LAWFUL OCCUPANT SIGNS THE
 LEASE, OR WHEN THE SMART ACCESS SYSTEM IS INSTALLED, OF  THE  PROVISIONS
 OF SUBDIVISION TWO OF THIS SECTION.
   4.  DATA  COLLECTION.  A. IF A SMART ACCESS SYSTEM IS UTILIZED TO GAIN
 ENTRANCE TO A CLASS A MULTIPLE DWELLING, THE ONLY REFERENCE, AUTHENTICA-
 TION, AND ACCOUNT INFORMATION GATHERED BY ANY SMART ACCESS SYSTEM  SHALL
 BE  LIMITED  TO  ACCOUNT INFORMATION NECESSARY TO ENABLE THE USE OF SUCH
 SMART ACCESS SYSTEM, OR  REFERENCE  DATA,  INCLUDING  THE  USER'S  NAME,
 DWELLING  UNIT  NUMBER AND OTHER DOORS OR COMMON AREAS TO WHICH THE USER
 HAS ACCESS, THE PREFERRED METHOD OF CONTACT FOR SUCH  USER,  INFORMATION
 USED  TO GRANT A USER ENTRY OR TO ACCESS ANY ONLINE TOOLS USED TO MANAGE
 USER ACCOUNTS RELATED TO  SUCH  BUILDING,  LEASE  INFORMATION  INCLUDING
 MOVE-IN  AND,  IF AVAILABLE MOVE-OUT DATES, AND AUTHENTICATION DATA SUCH
 AS TIME AND METHOD OF ACCESS FOR SECURITY PURPOSES AND A  PHOTOGRAPH  OF
 ACCESS  EVENTS FOR SECURITY PURPOSES. FOR SMART ACCESS SYSTEMS THAT RELY
 ON THE  COLLECTION  OF  BIOMETRIC  DATA  AND  WHICH  HAVE  ALREADY  BEEN
 INSTALLED  AT  THE  TIME THIS SECTION SHALL HAVE BECOME A LAW, BIOMETRIC
 IDENTIFIER INFORMATION MAY BE COLLECTED  PURSUANT  TO  THIS  SECTION  IN
 ORDER TO REGISTER A USER FOR A SMART ACCESS SYSTEM.  NO NEW SMART ACCESS
 SYSTEMS THAT RELY ON THE COLLECTION OF BIOMETRIC DATA SHALL BE INSTALLED
 IN  CLASS  A MULTIPLE DWELLINGS FOR THREE YEARS AFTER THE EFFECTIVE DATE
 OF THIS SECTION.
   (I) THE OWNER OF THE MULTIPLE DWELLING MAY COLLECT  ONLY  THE  MINIMUM
 DATA  REQUIRED  BY  THE  TECHNOLOGY  USED  IN THE SMART ACCESS SYSTEM TO
 EFFECTUATE SUCH ENTRANCE AND PROTECT THE PRIVACY AND  SECURITY  OF  SUCH
 USERS.
   (II)  THE  OWNER OR AGENT OF THE OWNER SHALL NOT REQUEST OR RETAIN, IN
 ANY FORM, THE SOCIAL SECURITY NUMBER OF ANY TENANT OR LAWFUL OCCUPANT AS
 A CONDITION OF USE OF THE SMART ACCESS SYSTEM.
   (III) THE OWNER, AGENT OF THE OWNER, OR THE VENDOR OF A  SMART  ACCESS
 SYSTEM  ON BEHALF OF THE OWNER MAY RECORD EACH TIME A KEY FOB, KEY CARD,
 DIGITAL KEY OR PASSCODE IS USED TO ENTER THE  BUILDING,  BUT  SHALL  NOT
 RECORD ANY DEPARTURES.
   (IV) A COPY OF SUCH DATA MAY BE RETAINED FOR REFERENCE AT THE POINT OF
 AUTHENTICATION  BY THE SMART ACCESS SYSTEM. SUCH REFERENCE DATA SHALL BE
 RETAINED ONLY FOR TENANTS  OR LAWFUL OCCUPANTS OR  THOSE  AUTHORIZED  BY
 THE TENANT, LAWFUL OCCUPANT, OR OWNER OF THE MULTIPLE DWELLING.
   (V)  THE  OWNER  OF  THE  MULTIPLE  DWELLING  OR ANY THIRD PARTY SHALL
 DESTROY OR ANONYMIZE AUTHENTICATION DATA COLLECTED FROM OR GENERATED  BY
 A. 156                              4
 
 SUCH  SMART  ACCESS  SYSTEM WITHIN A REASONABLE TIME, BUT NOT LATER THAN
 NINETY DAYS AFTER THE DATE COLLECTED.
   (VI) REFERENCE DATA FOR A USER SHALL BE DESTROYED OR ANONYMIZED WITHIN
 NINETY  DAYS  OF  (1) THE TENANT OR LAWFUL OCCUPANT PERMANENTLY VACATING
 THE DWELLING, OR (2) A REQUEST BY THE TENANT OR LAWFUL OCCUPANT TO WITH-
 DRAW AUTHORIZATION FOR THOSE PREVIOUSLY  AUTHORIZED  BY  THE  TENANT  OR
 LAWFUL OCCUPANT.
   B. (I) AN ENTITY SHALL NOT CAPTURE BIOMETRIC IDENTIFIER INFORMATION OF
 AN INDIVIDUAL TO GAIN ENTRANCE TO A CLASS A MULTIPLE DWELLING UNLESS THE
 PERSON  IS  A  TENANT  OR  LAWFUL OCCUPANT OR A PERSON AUTHORIZED BY THE
 TENANT OR LAWFUL OCCUPANT, AND INFORMS THE INDIVIDUAL  BEFORE  CAPTURING
 THE BIOMETRIC IDENTIFIER INFORMATION; AND RECEIVES THEIR EXPRESS CONSENT
 TO CAPTURE THE BIOMETRIC IDENTIFIER INFORMATION.
   (II)  ANY ENTITY THAT POSSESSES BIOMETRIC IDENTIFIER INFORMATION OF AN
 INDIVIDUAL THAT IS CAPTURED TO GAIN  ENTRANCE  TO  A  CLASS  A  MULTIPLE
 DWELLING:
   (1)  SHALL NOT SELL, LEASE OR OTHERWISE DISCLOSE THE BIOMETRIC IDENTI-
 FIER INFORMATION TO ANOTHER PERSON UNLESS PURSUANT  TO  ANY  LAW,  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 INFORMATION 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  INFORMATION  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 INFORMA-
 TION SHALL BE DESTROYED IMMEDIATELY.
   C. THE OWNER OF THE MULTIPLE DWELLING, OR THE  MANAGING  AGENT,  SHALL
 DEVELOP  AND  PROVIDE TO TENANTS AND LAWFUL OCCUPANTS WRITTEN PROCEDURES
 WHICH DESCRIBE THE PROCESS USED TO ADD PERSONS AUTHORIZED BY THE  TENANT
 OR  LAWFUL  OCCUPANT TO THE SMART ACCESS SYSTEM ON A TEMPORARY OR PERMA-
 NENT BASIS, SUCH AS VISITORS, CHILDREN, THEIR EMPLOYEES, AND  CAREGIVERS
 TO SUCH BUILDING.
   (I) THE PROCEDURES SHALL CLEARLY ESTABLISH THE OWNER'S RETENTION SCHE-
 DULE  AND  GUIDELINES FOR PERMANENTLY DESTROYING OR ANONYMIZING THE DATA
 COLLECTED.
   (II) THE PROCEDURES SHALL NOT LIMIT TIME OR PLACE OF ENTRANCE BY  SUCH
 PEOPLE  AUTHORIZED  BY THE TENANT OR LAWFUL OCCUPANT EXCEPT AS REQUESTED
 BY THE TENANT OR LAWFUL OCCUPANT.
   5. 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 USERS AS PART OF A SMART  ACCESS
 SYSTEM.
   B. IT SHALL BE PROHIBITED TO COLLECT THROUGH A SMART ACCESS SYSTEM THE
 LIKENESS  OF A MINOR OCCUPANT, INFORMATION ON THE RELATIONSHIP STATUS OF
 TENANTS OR LAWFUL OCCUPANTS AND THEIR GUESTS, OR TO USE A  SMART  ACCESS
 SYSTEM  TO  COLLECT OR TRACK INFORMATION ABOUT THE FREQUENCY AND TIME OF
 USE OF SUCH SYSTEM BY A TENANT OR LAWFUL OCCUPANT AND  THEIR  GUESTS  TO
 HARASS OR EVICT A TENANT OR LAWFUL OCCUPANT OR FOR ANY OTHER PURPOSE NOT
 EXPRESSLY RELATED TO THE OPERATION OF THE SMART ACCESS SYSTEM.
   C.  INFORMATION  THAT IS ACQUIRED VIA THE USE OF A SMART ACCESS SYSTEM
 SHALL NOT BE USED FOR ANY PURPOSES OTHER THAN  GRANTING  ACCESS  TO  AND
 MONITORING  BUILDING  ENTRANCES  AND  SHALL  NOT BE USED AS THE BASIS OR
 A. 156                              5
 
 SUPPORT FOR AN ACTION TO EVICT A LESSEE, TENANT, OR LAWFUL OCCUPANT,  OR
 AN ADMINISTRATIVE HEARING SEEKING A CHANGE IN REGULATORY COVERAGE FOR AN
 INDIVIDUAL  OR UNIT.  HOWEVER, A TENANT OR LAWFUL OCCUPANT MAY AUTHORIZE
 THEIR  INFORMATION TO BE USED BY A THIRD PARTY, BUT SUCH A REQUEST SHALL
 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  SHALL  A  LEASE  OR A RENEWAL BE
 CONTINGENT UPON AUTHORIZING SUCH  USE.  SMART  ACCESS  SYSTEMS  MAY  USE
 THIRD-PARTY  SERVICES  TO  THE  EXTENT  REQUIRED TO MAINTAIN AND OPERATE
 SYSTEM INFRASTRUCTURE, INCLUDING CLOUD-BASED HOSTING  AND  STORAGE.  THE
 PROVIDER  OR PROVIDERS OF THIRD-PARTY INFRASTRUCTURE SERVICES SHALL MEET
 OR EXCEED THE PRIVACY PROTECTIONS SET FORTH IN THIS SECTION AND SHALL BE
 SUBJECT TO THE SAME LIABILITY FOR BREACH OF ANY OF THE  REQUIREMENTS  OF
 THIS SECTION.
   D.  INFORMATION  AND DATA COLLECTED SHALL NOT BE MADE AVAILABLE TO ANY
 THIRD PARTY, UNLESS AUTHORIZED AS  DESCRIBED  IN  PARAGRAPH  C  OF  THIS
 SUBDIVISION, INCLUDING BUT NOT LIMITED TO LAW ENFORCEMENT, EXCEPT UPON A
 GRAND  JURY  SUBPOENA  OR  A  COURT  ORDERED WARRANT, SUBPOENA, OR OTHER
 AUTHORIZED COURT ORDERED PROCESS.
   6. 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 OWNER 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  A
 SMART ACCESS SYSTEM.
   7.  SOFTWARE ISSUES. WHENEVER A COMPANY THAT PRODUCES, MAKES AVAILABLE
 OR INSTALLS SMART ACCESS SYSTEMS DISCOVERS A SECURITY BREACH OR CRITICAL
 SECURITY VULNERABILITY IN THEIR  SOFTWARE,  SUCH  COMPANY  SHALL  NOTIFY
 CUSTOMERS  OF  SUCH  VULNERABILITY WITHIN A REASONABLE TIME OF DISCOVERY
 BUT NO LATER THAN TWENTY-FOUR HOURS AFTER DISCOVERY AND SHALL MAKE SOFT-
 WARE UPDATES AVAILABLE AND TAKE ANY OTHER ACTION AS MAY BE NECESSARY  TO
 REPAIR  THE  VULNERABILITY WITHIN A REASONABLE TIME, BUT NOT LONGER THAN
 THIRTY DAYS AFTER DISCOVERY.   SMART ACCESS SYSTEMS  AND  VENDORS  SHALL
 IMPLEMENT  AND  MAINTAIN  REASONABLE  SECURITY  PROCEDURES AND PRACTICES
 APPROPRIATE TO THE NATURE OF THE INFORMATION  COLLECTED.  IN  THE  EVENT
 THAT  A SECURITY BREACH OR CRITICAL SECURITY VULNERABILITY THAT PERTAINS
 TO THE EMBEDDED SOFTWARE OR FIRMWARE ON  THE  SMART  ACCESS  SYSTEMS  IS
 DISCOVERED, SMART ACCESS SYSTEMS AND THEIR VENDORS SHALL:
   A.  BE  ABLE  TO CREATE UPDATES TO THE FIRMWARE TO CORRECT THE VULNER-
 ABILITIES;
   B. CONTRACTUALLY COMMIT TO CUSTOMERS THAT THE SMART ACCESS  SYSTEM  OR
 VENDOR WILL CREATE UPDATES TO THE EMBEDDED SOFTWARE OR FIRMWARE TO REME-
 DY THE VULNERABILITIES; AND
   C.  MAKE  SUCH SECURITY-RELATED SOFTWARE OR FIRMWARE UPDATES AVAILABLE
 FOR FREE TO CUSTOMERS FOR THE  DURATION  OF  THE  CONTRACT  BETWEEN  THE
 BUILDING AND SMART ACCESS SYSTEMS.
   8.  WAIVER  OF  RIGHTS; VOID. ANY AGREEMENT BY A LESSEE OR TENANT OF A
 DWELLING WAIVING OR MODIFYING THEIR RIGHTS AS SET FORTH IN THIS  SECTION
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   9.  PENALTIES.  A. A PERSON WHO VIOLATES THIS SECTION SHALL BE 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.
   B.  WHERE AN OWNER OR THEIR AGENT USES A SMART ACCESS SYSTEM TO HARASS
 OR OTHERWISE DEPRIVE A TENANT OR LAWFUL OCCUPANT OF ANY RIGHTS AVAILABLE
 A. 156                              6
 
 UNDER LAW, SUCH OWNER OR AGENT SHALL BE SUBJECT TO A  CIVIL  PENALTY  OF
 NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
   C.  FOR  PURPOSES  OF  THIS SUBDIVISION, EACH DAY THE VIOLATION OCCURS
 SHALL BE CONSIDERED A SEPARATE VIOLATION.
   10. RENT REGULATED DWELLINGS. INSTALLATION OF A  SMART  ACCESS  SYSTEM
 PURSUANT  TO  THIS SECTION IN A DWELLING SUBJECT TO THE EMERGENCY TENANT
 PROTECTION ACT OF NINETEEN HUNDRED SEVENTY-FOUR, THE  EMERGENCY  HOUSING
 RENT  CONTROL  LAW, THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT, OR THE
 RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE SHALL CONSTITUTE A
 MODIFICATION OF SERVICES REQUIRING THE OWNER OF SUCH DWELLING  OR  THEIR
 AGENT  TO  APPLY  TO  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR
 APPROVAL BEFORE PERFORMING SUCH INSTALLATION.  SUCH  INSTALLATION  SHALL
 NOT QUALIFY AS A BASIS FOR RENT REDUCTION.
   11.  EXEMPTIONS.  A.  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, OR MULTIPLE DWELLINGS THAT ARE PRIMARILY OCCU-
 PIED BY TRANSIENT OCCUPANTS FOR A PERIOD OF LESS THAN THIRTY DAYS.
   B. NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF  THE  DIVISION
 OF  HOUSING  AND  COMMUNITY  RENEWAL  TO  IMPOSE ADDITIONAL REQUIREMENTS
 REGARDING SMART ACCESS SYSTEMS INSTALLED IN MULTIPLE DWELLINGS FOR WHICH
 THE DIVISION IS REQUIRED TO APPROVE SUBSTITUTIONS  OR  MODIFICATIONS  OF
 SERVICES.
   §  2.  The  multiple  residence law is amended by adding a new section
 130-a to read as follows:
   § 130-A. ELECTRONIC OR COMPUTERIZED ENTRY SYSTEMS. 1. DEFINITIONS. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "ACCOUNT INFORMATION" MEANS INFORMATION THAT IS USED  TO  GRANT  A
 USER  ENTRY  OR  ACCESS TO ANY ONLINE TOOLS THAT ARE USED TO MANAGE USER
 ACCOUNTS RELATED TO A SMART ACCESS SYSTEM.
   (B) "AUTHENTICATION DATA" MEANS DATA GENERATED  OR  COLLECTED  AT  THE
 POINT  OF  AUTHENTICATION  IN CONNECTION WITH GRANTING A USER ENTRY TO A
 MULTIPLE DWELLING, DWELLING UNIT OF SUCH BUILDING,  OR  COMMON  AREA  OF
 SUCH  BUILDING  THROUGH  A SMART ACCESS SYSTEM, EXCEPT THAT IT SHALL NOT
 INCLUDE DATA GENERATED THROUGH OR COLLECTED BY A VIDEO OR CAMERA  SYSTEM
 THAT IS USED TO MONITOR ENTRANCES BUT NOT TO GRANT ENTRY.
   (C)  "BIOMETRIC IDENTIFIER INFORMATION" MEANS A PHYSIOLOGICAL, BIOLOG-
 ICAL OR BEHAVIORAL CHARACTERISTIC THAT IS USED TO IDENTIFY, OR ASSIST IN
 IDENTIFYING, AN INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO: (I) A  RETINA
 OR  IRIS  SCAN,  (II)  A FINGERPRINT, (III) A VOICEPRINT, (IV) A SCAN OR
 RECORD OF A PALM, HAND, OR FACE GEOMETRY, (V) GAIT OR MOVEMENT PATTERNS,
 OR (VI) ANY OTHER SIMILAR IDENTIFYING CHARACTERISTIC THAT  CAN  BE  USED
 ALONE  OR  IN COMBINATION WITH EACH OTHER, OR WITH OTHER INFORMATION, TO
 ESTABLISH INDIVIDUAL IDENTITY.
   (D) "CRITICAL SECURITY VULNERABILITY" MEANS A  SECURITY  VULNERABILITY
 THAT HAS A SIGNIFICANT RISK OF RESULTING IN AN UNAUTHORIZED ACCESS TO AN
 AREA SECURED BY A SMART ACCESS SYSTEM.
   (E)  "REFERENCE  DATA"  MEANS INFORMATION AGAINST WHICH AUTHENTICATION
 DATA IS VERIFIED AT A POINT OF AUTHENTICATION BY A SMART  ACCESS  SYSTEM
 IN  ORDER TO GRANT A USER ENTRY TO A MULTIPLE DWELLING, DWELLING UNIT OF
 SUCH BUILDING, OR COMMON AREA OF SUCH BUILDING.
   (F) "SECURITY BREACH" MEANS ANY INCIDENT THAT RESULTS IN  UNAUTHORIZED
 ACCESS OF DATA, APPLICATIONS, SERVICES, NETWORKS OR DEVICES BY BYPASSING
 UNDERLYING SECURITY MECHANISMS. A "SECURITY BREACH" OCCURS WHEN AN INDI-
 VIDUAL  OR  AN APPLICATION ILLEGITIMATELY ENTERS A PRIVATE, CONFIDENTIAL
 OR UNAUTHORIZED LOGICAL INFORMATION TECHNOLOGY PERIMETER.
 A. 156                              7
 
   (G) "SMART ACCESS SYSTEM" MEANS ANY SYSTEM  THAT  USES  ELECTRONIC  OR
 COMPUTERIZED TECHNOLOGY, A RADIO FREQUENCY IDENTIFICATION CARD, A MOBILE
 PHONE  APPLICATION,  BIOMETRIC  IDENTIFIER  INFORMATION,  OR  ANY  OTHER
 DIGITAL TECHNOLOGY IN ORDER TO GRANT  ACCESS  TO  A  MULTIPLE  DWELLING,
 COMMON  AREAS  IN  SUCH  MULTIPLE DWELLING, OR TO AN INDIVIDUAL DWELLING
 UNIT IN SUCH MULTIPLE DWELLING.
   (H) "THIRD PARTY" MEANS AN ENTITY THAT INSTALLS, OPERATES OR OTHERWISE
 DIRECTLY SUPPORTS A SMART ACCESS SYSTEM, AND HAS ONGOING ACCESS TO  USER
 DATA, EXCLUDING ANY ENTITY THAT SOLELY HOSTS SUCH DATA.
   (I)  "USER"  MEANS A TENANT OR LAWFUL OCCUPANT OF A MULTIPLE DWELLING,
 AND ANY PERSON A TENANT OR LAWFUL OCCUPANT HAS REQUESTED, IN WRITING  OR
 THROUGH A MOBILE APPLICATION, BE GRANTED ACCESS TO SUCH TENANT OR LAWFUL
 OCCUPANT'S DWELLING UNIT AND SUCH BUILDING'S SMART ACCESS SYSTEM.
   2.  ENTRY.  (A)  WHERE  AN  OWNER INSTALLS OR PLANS TO INSTALL A SMART
 ACCESS SYSTEM ON ANY ENTRANCE FROM THE STREET, PASSAGEWAY, COURT,  YARD,
 CELLAR,  OR  OTHER COMMON AREA OF A MULTIPLE DWELLING, SUCH SYSTEM SHALL
 NOT RELY SOLELY ON A WEB-BASED APPLICATION TO  FACILITATE  ENTRANCE  BUT
 SHALL  ALSO  INCLUDE  A  KEY  FOB, KEY CARD, DIGITAL KEY OR PASSCODE FOR
 TENANT USE.
   (B) OWNERS MAY PROVIDE VARIOUS METHODS OF ENTRY INTO INDIVIDUAL APART-
 MENTS INCLUDING A MECHANICAL KEY OR A SMART ACCESS SYSTEM OF A KEY  FOB,
 KEY CARD OR DIGITAL KEY, PROVIDED, HOWEVER THAT SUCH SMART ACCESS SYSTEM
 SHALL NOT RELY SOLELY ON A WEB-BASED APPLICATION.
   (C)  NOTWITHSTANDING  PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, OWNERS
 SHALL PROVIDE A NON-ELECTRONIC MEANS OF ENTRY  WHERE  REQUESTED  BY  THE
 TENANT OR LAWFUL OCCUPANT DUE TO A RELIGIOUS PREFERENCE.
   (D)  ALL  LAWFUL TENANTS AND LAWFUL OCCUPANTS SHALL BE PROVIDED WITH A
 KEY, KEY FOB, DIGITAL KEY OR KEY CARD AT NO COST  TO  SUCH  TENANTS  AND
 LAWFUL  OCCUPANTS.  THE  TERM  "LAWFUL OCCUPANTS" SHALL INCLUDE CHILDREN
 UNDER THE AGE OF EIGHTEEN WHO SHALL BE ISSUED A KEY,  KEY  FOB,  DIGITAL
 KEYS OR KEY CARD IF A PARENT OR GUARDIAN REQUESTS SUCH CHILD BE PROVIDED
 WITH ONE. TENANTS AND LAWFUL OCCUPANTS MAY ALSO RECEIVE UP TO FOUR ADDI-
 TIONAL  KEYS,  KEY  FOBS,  DIGITAL  KEYS  OR KEY CARDS AT NO COST TO THE
 TENANT OR LAWFUL OCCUPANT FOR EMPLOYEES OR  GUESTS.  THE  TERM  "GUESTS"
 SHALL  INCLUDE FAMILY MEMBERS AND FRIENDS WHO CAN REASONABLY BE EXPECTED
 TO VISIT ON A REGULAR BASIS OR VISIT AS NEEDED TO CARE FOR  THE  TENANT,
 LAWFUL  OCCUPANT,  OR THE DWELLING UNIT IF THE TENANT OR LAWFUL OCCUPANT
 IS AWAY. EMPLOYEES, INCLUDING CONTRACTORS,  PROFESSIONAL  CAREGIVERS  OR
 OTHER  SERVICES  PROVIDERS,  MAY HAVE AN EXPIRATION DATE PLACED ON THEIR
 KEY, KEY CARD, DIGITAL KEY OR KEY FOB, WHICH MAY BE  EXTENDED  UPON  THE
 TENANT  OR  LAWFUL  OCCUPANT'S  REQUEST. TENANTS OR LAWFUL OCCUPANTS MAY
 REQUEST A NEW OR REPLACEMENT KEY, KEY FOB, DIGITAL KEY OR  KEY  CARD  AT
 ANY  TIME THROUGHOUT THE COURSE OF THE TENANCY. THE OWNER OR THEIR AGENT
 SHALL PROVIDE THE FIRST REPLACEMENT KEY, KEY FOB,  DIGITAL  KEY  OR  KEY
 CARD TO THE TENANT OR LAWFUL OCCUPANT FREE OF CHARGE. THE COST OF SECOND
 AND  SUBSEQUENT  REPLACEMENT CARDS SHALL NOT BE MORE THAN WHAT THE OWNER
 PAID FOR THE REPLACEMENT UP TO AND NOT EXCEEDING TWENTY-FIVE DOLLARS.
   (E) THE OWNER SHALL NOT SET LIMITS ON THE NUMBER OF  KEYS,  KEY  FOBS,
 DIGITAL KEYS OR KEY CARDS A TENANT OR LAWFUL OCCUPANT MAY REQUEST.
   (F) ANY DOOR THAT HAS A SMART ACCESS SYSTEM SHALL HAVE BACKUP POWER OR
 AN  ALTERNATIVE MEANS OF ENTRY TO ENSURE THAT THE ENTRY SYSTEM CONTINUES
 TO OPERATE DURING A POWER  OUTAGE.  AN  OWNER,  OR  THEIR  AGENT,  SHALL
 ROUTINELY INSPECT THE BACKUP POWER AND SHALL REPLACE ACCORDING TO SYSTEM
 SPECIFICATIONS.  OWNERS OR THEIR AGENTS SHALL PROVIDE TENANTS AND LAWFUL
 OCCUPANTS WITH INFORMATION ABOUT WHOM TO CONTACT IN THE EVENT  THAT  THE
 A. 156                              8

 TENANT,  LAWFUL  OCCUPANT OR THE TENANT'S OR LAWFUL OCCUPANT'S CHILDREN,
 GUESTS OR EMPLOYEES BECOME LOCKED OUT.
   3.  NOTICE. OWNERS OR THEIR AGENTS SHALL PROVIDE NOTICE TO A TENANT OR
 LAWFUL OCCUPANT AT THE TIME THE TENANT  OR  LAWFUL  OCCUPANT  SIGNS  THE
 LEASE,  OR  WHEN THE SMART ACCESS SYSTEM IS INSTALLED, OF THE PROVISIONS
 OF SUBDIVISION TWO OF THIS SECTION.
   4. DATA COLLECTION. (A) IF A SMART ACCESS SYSTEM IS UTILIZED  TO  GAIN
 ENTRANCE TO A MULTIPLE DWELLING, THE ONLY REFERENCE, AUTHENTICATION, AND
 ACCOUNT INFORMATION GATHERED BY ANY SMART ACCESS SYSTEM SHALL BE LIMITED
 TO  ACCOUNT INFORMATION NECESSARY TO ENABLE THE USE OF SUCH SMART ACCESS
 SYSTEM, OR REFERENCE DATA, INCLUDING  THE  USER'S  NAME,  DWELLING  UNIT
 NUMBER AND OTHER DOORS OR COMMON AREAS TO WHICH THE USER HAS ACCESS, THE
 PREFERRED  METHOD  OF CONTACT FOR SUCH USER, INFORMATION USED TO GRANT A
 USER ENTRY OR TO ACCESS ANY ONLINE TOOLS USED TO  MANAGE  USER  ACCOUNTS
 RELATED  TO  SUCH  BUILDING, LEASE INFORMATION INCLUDING MOVE-IN AND, IF
 AVAILABLE MOVE-OUT DATES, AND AUTHENTICATION DATA SUCH AS TIME AND METH-
 OD OF ACCESS FOR SECURITY PURPOSES AND A PHOTOGRAPH OF ACCESS EVENTS FOR
 SECURITY PURPOSES. FOR SMART ACCESS SYSTEMS THAT RELY ON THE  COLLECTION
 OF BIOMETRIC DATA AND WHICH HAVE ALREADY BEEN INSTALLED AT THE TIME THIS
 SECTION SHALL HAVE BECOME A LAW, BIOMETRIC IDENTIFIER INFORMATION MAY BE
 COLLECTED  PURSUANT  TO  THIS  SECTION IN ORDER TO REGISTER A USER FOR A
 SMART ACCESS SYSTEM. NO NEW  SMART  ACCESS  SYSTEMS  THAT  RELY  ON  THE
 COLLECTION  OF  BIOMETRIC  DATA SHALL BE INSTALLED IN MULTIPLE DWELLINGS
 FOR THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (I) THE OWNER OF THE MULTIPLE DWELLING SHALL COLLECT ONLY THE  MINIMUM
 DATA  REQUIRED  BY  THE  TECHNOLOGY  USED  IN THE SMART ACCESS SYSTEM TO
 EFFECTUATE SUCH ENTRANCE AND PROTECT THE PRIVACY AND  SECURITY  OF  SUCH
 USERS.
   (II)  THE  OWNER OR AGENT OF THE OWNER SHALL NOT REQUEST OR RETAIN, IN
 ANY FORM, THE SOCIAL SECURITY NUMBER OF ANY TENANT OR LAWFUL OCCUPANT AS
 A CONDITION OF USE OF THE SMART ACCESS SYSTEM.
   (III) THE OWNER, AGENT OF THE OWNER, OR THE VENDOR OF A  SMART  ACCESS
 SYSTEM  ON BEHALF OF THE OWNER MAY RECORD EACH TIME A KEY FOB, KEY CARD,
 DIGITAL KEY OR PASSCODE IS USED TO ENTER THE  BUILDING,  BUT  SHALL  NOT
 RECORD ANY DEPARTURES.
   (IV) A COPY OF SUCH DATA MAY BE RETAINED FOR REFERENCE AT THE POINT OF
 AUTHENTICATION BY THE SMART ACCESS SYSTEM.  SUCH REFERENCE DATA SHALL BE
 RETAINED ONLY FOR TENANTS OR LAWFUL OCCUPANTS OR THOSE AUTHORIZED BY THE
 TENANT, LAWFUL OCCUPANT, OR OWNER OF THE MULTIPLE DWELLING.
   (V)  THE  OWNER  OF  THE  MULTIPLE  DWELLING  OR ANY THIRD PARTY SHALL
 DESTROY OR ANONYMIZE AUTHENTICATION DATA COLLECTED FROM OR GENERATED  BY
 SUCH  SMART  ACCESS  SYSTEM WITHIN A REASONABLE TIME, BUT NOT LATER THAN
 NINETY DAYS AFTER THE DATE COLLECTED.
   (VI) REFERENCE DATA FOR A USER SHALL BE DESTROYED OR ANONYMIZED WITHIN
 NINETY DAYS OF (1) THE TENANT OR LAWFUL  OCCUPANT  PERMANENTLY  VACATING
 THE DWELLING, OR (2) A REQUEST BY THE TENANT OR LAWFUL OCCUPANT TO WITH-
 DRAW  AUTHORIZATION  FOR  THOSE  PREVIOUSLY  AUTHORIZED BY THE TENANT OR
 LAWFUL OCCUPANT.
   (B) (I) AN ENTITY SHALL NOT CAPTURE BIOMETRIC  IDENTIFIER  INFORMATION
 OF  AN  INDIVIDUAL  TO  GAIN  ENTRANCE TO A MULTIPLE DWELLING UNLESS THE
 PERSON IS A TENANT OR LAWFUL OCCUPANT OR  A  PERSON  AUTHORIZED  BY  THE
 TENANT  OR  LAWFUL OCCUPANT, AND INFORMS THE INDIVIDUAL BEFORE CAPTURING
 THE BIOMETRIC IDENTIFIER INFORMATION; AND RECEIVES THEIR EXPRESS CONSENT
 TO CAPTURE THE BIOMETRIC IDENTIFIER INFORMATION.
   (II) ANY ENTITY THAT POSSESSES BIOMETRIC IDENTIFIER INFORMATION OF  AN
 INDIVIDUAL THAT IS CAPTURED TO GAIN ENTRANCE TO A MULTIPLE DWELLING:
 A. 156                              9
 
   (1)  SHALL NOT SELL, LEASE OR OTHERWISE DISCLOSE THE BIOMETRIC IDENTI-
 FIER INFORMATION TO ANOTHER PERSON UNLESS PURSUANT  TO  ANY  LAW,  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 INFORMATION 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  INFORMATION  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 INFORMA-
 TION SHALL BE DESTROYED IMMEDIATELY.
   (C)  THE  OWNER OF THE MULTIPLE DWELLING, OR THE MANAGING AGENT, SHALL
 DEVELOP AND PROVIDE TO TENANTS AND LAWFUL OCCUPANTS  WRITTEN  PROCEDURES
 WHICH  DESCRIBE THE PROCESS USED TO ADD PERSONS AUTHORIZED BY THE TENANT
 OR LAWFUL OCCUPANT TO THE SMART ACCESS SYSTEM ON A TEMPORARY  OR  PERMA-
 NENT  BASIS, SUCH AS VISITORS, CHILDREN, THEIR EMPLOYEES, AND CAREGIVERS
 TO SUCH BUILDING.
   (I) THE PROCEDURES SHALL CLEARLY ESTABLISH THE OWNER'S RETENTION SCHE-
 DULE AND GUIDELINES FOR PERMANENTLY DESTROYING OR ANONYMIZING  THE  DATA
 COLLECTED.
   (II)  THE PROCEDURES SHALL NOT LIMIT TIME OR PLACE OF ENTRANCE BY SUCH
 PEOPLE AUTHORIZED BY THE TENANT OR LAWFUL OCCUPANT EXCEPT  AS  REQUESTED
 BY THE TENANT OR LAWFUL OCCUPANT.
   5.  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 USERS AS PART OF A SMART ACCESS
 SYSTEM.
   (B) IT SHALL BE PROHIBITED TO COLLECT THROUGH A  SMART  ACCESS  SYSTEM
 THE LIKENESS OF A MINOR OCCUPANT, INFORMATION ON THE RELATIONSHIP STATUS
 OF  TENANTS  OR  LAWFUL  OCCUPANTS  AND  THEIR GUESTS, OR TO USE A SMART
 ACCESS SYSTEM TO COLLECT OR TRACK INFORMATION ABOUT  THE  FREQUENCY  AND
 TIME  OF  USE  OF  SUCH  SYSTEM BY A TENANT OR LAWFUL OCCUPANT AND THEIR
 GUESTS TO HARASS OR EVICT A TENANT OR LAWFUL OCCUPANT OR FOR  ANY  OTHER
 PURPOSE  NOT  EXPRESSLY  RELATED  TO  THE  OPERATION OF THE SMART ACCESS
 SYSTEM.
   (C) INFORMATION THAT IS ACQUIRED VIA THE USE OF A SMART ACCESS  SYSTEM
 SHALL  NOT  BE  USED  FOR ANY PURPOSES OTHER THAN GRANTING ACCESS TO AND
 MONITORING BUILDING ENTRANCES AND SHALL NOT BE  USED  AS  THE  BASIS  OR
 SUPPORT  FOR AN ACTION TO EVICT A LESSEE, TENANT, OR LAWFUL OCCUPANT, OR
 AN ADMINISTRATIVE HEARING SEEKING A CHANGE IN REGULATORY COVERAGE FOR AN
 INDIVIDUAL OR UNIT. HOWEVER, A TENANT OR LAWFUL OCCUPANT  MAY  AUTHORIZE
 THEIR  INFORMATION TO BE USED BY A THIRD PARTY, BUT SUCH A REQUEST SHALL
 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  SHALL  A  LEASE  OR A RENEWAL BE
 CONTINGENT UPON AUTHORIZING SUCH  USE.  SMART  ACCESS  SYSTEMS  MAY  USE
 THIRD-PARTY  SERVICES  TO  THE  EXTENT  REQUIRED TO MAINTAIN AND OPERATE
 SYSTEM INFRASTRUCTURE, INCLUDING CLOUD-BASED HOSTING  AND  STORAGE.  THE
 PROVIDER  OR PROVIDERS OF THIRD-PARTY INFRASTRUCTURE SERVICES SHALL MEET
 OR EXCEED THE PRIVACY PROTECTIONS SET FORTH IN THIS SECTION AND SHALL BE
 SUBJECT TO THE SAME LIABILITY FOR BREACH OF ANY OF THE  REQUIREMENTS  OF
 THIS SECTION.
 A. 156                             10
 
   (D)  INFORMATION AND DATA COLLECTED SHALL NOT BE MADE AVAILABLE TO ANY
 THIRD PARTY, UNLESS AUTHORIZED AS DESCRIBED IN  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION, INCLUDING BUT NOT LIMITED TO LAW ENFORCEMENT, EXCEPT UPON A
 GRAND  JURY  SUBPOENA  OR  A  COURT  ORDERED WARRANT, SUBPOENA, OR OTHER
 AUTHORIZED COURT ORDERED PROCESS.
   6.  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  OWNER  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 A
 SMART ACCESS SYSTEM.
   7. SOFTWARE ISSUES. WHENEVER A COMPANY THAT PRODUCES, MAKES  AVAILABLE
 OR INSTALLS SMART ACCESS SYSTEMS DISCOVERS A SECURITY BREACH OR CRITICAL
 SECURITY  VULNERABILITY  IN  THEIR  SOFTWARE,  SUCH COMPANY SHALL NOTIFY
 CUSTOMERS OF SUCH VULNERABILITY WITHIN A REASONABLE  TIME  OF  DISCOVERY
 BUT NO LATER THAN TWENTY-FOUR HOURS AFTER DISCOVERY AND SHALL MAKE SOFT-
 WARE  UPDATES AVAILABLE AND TAKE ANY OTHER ACTION AS MAY BE NECESSARY TO
 REPAIR THE VULNERABILITY WITHIN A REASONABLE TIME, BUT NOT  LONGER  THAN
 THIRTY  DAYS  AFTER  DISCOVERY.  SMART  ACCESS SYSTEMS AND VENDORS SHALL
 IMPLEMENT AND MAINTAIN  REASONABLE  SECURITY  PROCEDURES  AND  PRACTICES
 APPROPRIATE  TO  THE  NATURE  OF THE INFORMATION COLLECTED. IN THE EVENT
 THAT A SECURITY BREACH OR CRITICAL SECURITY VULNERABILITY THAT  PERTAINS
 TO  THE  EMBEDDED  SOFTWARE  OR  FIRMWARE ON THE SMART ACCESS SYSTEMS IS
 DISCOVERED, SMART ACCESS SYSTEMS AND THEIR VENDORS SHALL:
   (A) BE ABLE TO CREATE UPDATES TO THE FIRMWARE TO CORRECT  THE  VULNER-
 ABILITIES;
   (B)  CONTRACTUALLY COMMIT TO CUSTOMERS THAT THE SMART ACCESS SYSTEM OR
 VENDOR WILL CREATE UPDATES TO THE EMBEDDED SOFTWARE OR FIRMWARE TO REME-
 DY THE VULNERABILITIES; AND
   (C) MAKE SUCH SECURITY-RELATED SOFTWARE OR FIRMWARE UPDATES  AVAILABLE
 FOR  FREE  TO  CUSTOMERS  FOR  THE  DURATION OF THE CONTRACT BETWEEN THE
 BUILDING AND SMART ACCESS SYSTEMS.
   8. WAIVER OF RIGHTS; VOID. ANY AGREEMENT BY A LESSEE OR  TENANT  OF  A
 DWELLING  WAIVING OR MODIFYING THEIR RIGHTS AS SET FORTH IN THIS SECTION
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   9. PENALTIES. (A) A PERSON WHO VIOLATES THIS SECTION SHALL BE  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.
   (B) WHERE AN OWNER OR THEIR AGENT USES A SMART ACCESS SYSTEM TO HARASS
 OR OTHERWISE DEPRIVE A TENANT OR LAWFUL OCCUPANT OF ANY RIGHTS AVAILABLE
 UNDER  LAW,  SUCH  OWNER OR AGENT SHALL BE SUBJECT TO A CIVIL PENALTY OF
 NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
   (C) FOR PURPOSES OF THIS SUBDIVISION, EACH DAY  THE  VIOLATION  OCCURS
 SHALL BE CONSIDERED A SEPARATE VIOLATION.
   10.  RENT  REGULATED  DWELLINGS. INSTALLATION OF A SMART ACCESS SYSTEM
 PURSUANT TO THIS SECTION IN A DWELLING SUBJECT TO THE  EMERGENCY  TENANT
 PROTECTION  ACT  OF NINETEEN HUNDRED SEVENTY-FOUR, THE EMERGENCY HOUSING
 RENT CONTROL LAW, THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT,  OR  THE
 RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE SHALL CONSTITUTE A
 MODIFICATION  OF  SERVICES REQUIRING THE OWNER OF SUCH DWELLING OR THEIR
 AGENT TO APPLY TO THE DIVISION OF  HOUSING  AND  COMMUNITY  RENEWAL  FOR
 APPROVAL  BEFORE  PERFORMING  SUCH INSTALLATION. SUCH INSTALLATION SHALL
 NOT QUALIFY AS A BASIS FOR RENT REDUCTION.
 A. 156                             11
 
   11. EXEMPTIONS. (A) 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, OR MULTIPLE DWELLINGS THAT ARE PRIMARILY  OCCU-
 PIED BY TRANSIENT OCCUPANTS FOR A PERIOD OF LESS THAN THIRTY DAYS.
   (B)  NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF THE DIVISION
 OF HOUSING AND  COMMUNITY  RENEWAL  TO  IMPOSE  ADDITIONAL  REQUIREMENTS
 REGARDING SMART ACCESS SYSTEMS INSTALLED IN MULTIPLE DWELLINGS FOR WHICH
 THE  DIVISION  IS  REQUIRED TO APPROVE SUBSTITUTIONS OR MODIFICATIONS OF
 SERVICES.
   § 3. 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.