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The proposed legislation in New York aims to restrict landlords from utilizing facial recognition technology in residential settings. This bill seeks to protect tenants' privacy and prevent potential misuse of biometric data. It outlines clear definitions and penalties for violations, impacting landlords who may currently employ such systems. The bill takes effect 120 days after becoming law.
Key Provisions
Prohibits landlords from using any facial recognition system on residential premises.
Defines 'facial recognition' and 'facial recognition system' for clarity.
Allows the attorney general to seek injunctions and impose civil penalties for violations.
Enables individuals affected by violations to sue for damages.
Mandates that costs and attorney fees be awarded to prevailing plaintiffs.
Latest Legislative Action
referred to housing
Bill Sponsors (showing 5 of 7)
Name
Role
COLTON
Primary
Daniel O'Donnell
Primary
GLICK
Primary
Linda RosenthalD
Primary
WALKER
Primary
Catalina CruzD
Cosponsor
Larinda HooksD
Cosponsor
Compliance Checklist
Cease use of facial recognition systems on residential properties Who: Landlords Penalty: Up to $10,000 for violations
Ensure no retention of information obtained from facial recognition systems Who: Landlords Penalty: Up to $10,000 for violations
The bill A04352 seeks to amend the real property law by introducing a new section that explicitly prohibits landlords from obtaining, retaining, accessing, or using facial recognition systems on residential premises. This prohibition extends to any information derived from such systems, emphasizing the protection of tenant privacy. Compliance is mandatory for all landlords operating within New York, and the bill specifies that it takes effect on the 120th day after becoming law. Penalties for non-compliance include civil penalties of up to $10,000 for violations, with enforcement actions initiated by the attorney general or affected individuals. The bill allows for injunctions against continued violations and provides a pathway for individuals to seek damages, either actual damages or a statutory amount of $1,000, whichever is greater. Key definitions in the bill clarify what constitutes 'facial recognition' and 'facial recognition system,' ensuring that the scope of the law is well-defined. The bill aligns with growing concerns over privacy and surveillance, reflecting similar legislative efforts in other jurisdictions aimed at regulating biometric data use. Overall, this legislation represents a significant step in addressing the intersection of technology and tenant rights in New York.
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