assembly Bill A4352

2021-2022 Legislative Session

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

download bill text pdf

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Current Bill Status - In Assembly 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 05, 2022 referred to housing
Feb 01, 2021 referred to housing

A4352 (ACTIVE) - Details

See Senate Version of this Bill:
S73
Law Section:
Real Property Law
Laws Affected:
Add §235-i, RP L
Versions Introduced in 2019-2020 Legislative Session:
A7790, S5687

A4352 (ACTIVE) - Summary

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

A4352 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4352
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Housing
 
 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-i to read as follows:
   § 235-I. 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.