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The proposed legislation in New York seeks to prohibit landlords from employing facial recognition technology on residential properties. This bill aims to protect tenant privacy and restrict the use of surveillance technology in housing. If enacted, landlords will need to comply with these regulations 120 days after the bill becomes law to avoid legal repercussions.
Key Provisions
Prohibits landlords from using facial recognition systems on residential premises.
Defines 'facial recognition' and 'facial recognition system'.
Allows the Attorney General to seek injunctions and impose civil penalties.
Enables affected individuals to sue for damages.
Establishes penalties of up to $10,000 for violations.
Requires landlords to cease use of facial recognition 120 days after enactment.
Latest Legislative Action
referred to housing
Bill Sponsors
Name
Role
District
Latrice WalkerD
Sponsor
HD-055
Compliance Checklist
Cease all use of facial recognition systems on residential properties Who: Landlords Penalty: Up to $10,000 per violation
Ensure no information from facial recognition systems is retained or accessed Who: Landlords Penalty: Up to $10,000 per violation
The bill A7790 amends the real property law to introduce Section 235-h, which explicitly prohibits landlords from obtaining, retaining, accessing, or using any facial recognition systems on residential premises. This includes both the software that performs facial recognition and any information derived from such systems. The bill is designed to safeguard tenant privacy and prevent potential misuse of surveillance technology in residential settings.
Landlords are the primary entities required to comply with this legislation. They must cease any use of facial recognition technology 120 days after the bill's enactment. The bill specifies this grace period for compliance, indicating that landlords should prepare to adhere to these regulations within this timeframe.
Penalties for non-compliance include civil penalties of up to $10,000 per violation, and the New York Attorney General is empowered to seek injunctions against landlords who violate this section. Additionally, individuals affected by unauthorized facial recognition use can pursue legal action for damages, with a minimum recovery of $1,000.
Key definitions in the bill clarify what constitutes 'facial recognition' and 'facial recognition system,' ensuring that the scope of the law is clear. This legislation aligns with growing trends in other states to regulate the use of facial recognition technology, reflecting increasing concerns about privacy and surveillance in residential contexts.
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