NY State Senate Bill 2025-S8223

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2025	referred to judiciary

2025-S8223 (ACTIVE) - Details

See Assembly Version of this Bill:: A6363
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-k, RP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5687, A7790
2021-2022: S73, A4352
2023-2024: S2478, A322

2025-S8223 (ACTIVE) - Summary

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

2025-S8223 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8223

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of this bill adds a new Section 235-H to the Real Property Law
to define the terms "facial recognition" and "facial recognition system"
and provide that it shall be unlawful for any landlord to obtain,
retain, access, or use, on any residential premises, any facial recogni-
tion system or - information obtained from or by the use of a facial
recognition system. The new Section 235-H would give the Attorney Gener-
al the authority to seek an injunction for violations of this section,
and authorize a court to impose a civil penalty of not more than ten
thousand dollars for such violations.  The new Section 235-H would also
authorize a private right of action for those unlawfully subjected to
facial recognition, and requires courts to award costs and reasonable
attorney's fees to prevailing plaintiffs.

Section 2 of this bill establishes the effective date. JUSTIFICATION:
As the use of facial recognition technology becomes increasingly common,
concerns have been raised by many New Yorkers, including advocates for
privacy and civil liberties.  The proliferation of such technology for
residential use raises particularly troubling concerns about surveil-
lance and tracking of people coming and going from their own homes, in
an era where there are already cameras on every block, especially in
urban areas.  Landlords already wield significant power over tenants by
controlling their access to stable housing. Installing a facial recogni-
tion system on residential premises and then requiring tenants to
consent to the use of such system to remain in the building is tanta-
mount to evicting those who object to intrusive surveillance.

 
PRIOR LEGISLATIVE HISTORY:

S.2478 of 2023-2024 (Hoylman): Died in Rules

A.322 of 2023-2024 (Walker): Died in Housing

S.0073 of 2021-2022 (Hoylman): Died in Judiciary

A.4352 of 2021-2022 (Walker):  Died in  Housing

S.5687 of 2019-2020 (Hoylman): Died in Judiciary

A.7790 of 2019-2020 (Walker): Died in Housing

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S8223 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8223
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, 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-k to read as follows:
   § 235-K. 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.
                                                            LBD06011-01-5

 S. 8223                             2
 
 AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND  IF
 IT  SHALL  APPEAR  TO THE SATISFACTION OF THE COURT OR JUSTICE, THAT THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
 ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE LAW AND RULES, AND DIRECT RESTITUTION.   WHENEVER THE  COURT  SHALL
 DETERMINE  THAT  A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY  OF  NOT  MORE  THAN  TEN  THOUSAND  DOLLARS.  IN
 CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
 AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
 RULES.
   (B) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN  SUBJECTED  TO  FACIAL
 RECOGNITION  IN VIOLATION OF THIS SECTION, OR ABOUT WHOM INFORMATION HAS
 BEEN OBTAINED, RETAINED, ACCESSED, OR USED IN VIOLATION OF THIS CHAPTER,
 MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION:
   (1) TO ENJOIN SUCH VIOLATION; AND
   (2) TO RECOVER ACTUAL DAMAGES, OR TO RECEIVE ONE THOUSAND  DOLLARS  IN
 DAMAGES FOR SUCH VIOLATION, WHICHEVER IS GREATER.
   (C)  A  COURT  SHALL  AWARD  COSTS AND REASONABLE ATTORNEYS' FEES TO A
 PLAINTIFF WHO IS THE PREVAILING PARTY IN AN ACTION BROUGHT  UNDER  PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S8223

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

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2025-S8223 (ACTIVE) - Details

2025-S8223 (ACTIVE) - Summary

2025-S8223 (ACTIVE) - Sponsor Memo

2025-S8223 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Judiciary Committee

Actions

2025-S8223 (ACTIVE) - Details

2025-S8223 (ACTIVE) - Summary

2025-S8223 (ACTIVE) - Sponsor Memo

2025-S8223 (ACTIVE) - Bill Text download pdf

Comments