senate Bill S5687

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
May 13, 2019 referred to judiciary

Co-Sponsors

S5687 (ACTIVE) - Details

See Assembly Version of this Bill:
A7790
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L

S5687 (ACTIVE) - Summary

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

S5687 (ACTIVE) - Sponsor Memo

S5687 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5687

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 13, 2019
                               ___________

Introduced by Sens. HOYLMAN, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

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-h to read as follows:
  § 235-H. 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
THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE

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

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