Bill Text: NY A07790 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A07790 Detail]

Download: New_York-2019-A07790-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7790

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 21, 2019
                                       ___________

        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:

     1    Section 1. The real property law is amended by adding  a  new  section
     2  235-h to read as follows:
     3    § 235-h. Unlawful use of facial recognition system. 1. As used in this
     4  section:
     5    (a) "Facial recognition" means both:
     6    (1) the automated or semi-automated process by which a person is iden-
     7  tified  or  attempted  to  be identified based on the characteristics of
     8  their face, including identification of known or unknown individuals  or
     9  groups; and
    10    (2)  the  automated  or semi-automated process by which the character-
    11  istics of an individual's face are analyzed to  determine  the  individ-
    12  ual's  sentiment, state of mind, or other propensities including but not
    13  limited to level of dangerousness.
    14    (b) "Facial recognition system" means any computer software or  appli-
    15  cation that performs facial recognition.
    16    2.  Notwithstanding any law, rule or regulation to the contrary, it is
    17  unlawful for any landlord to obtain, retain,  access,  or  use,  on  any
    18  residential premises:
    19    (a) any facial recognition system; or
    20    (b)  any  information  obtained from or by use of a facial recognition
    21  system.
    22    3. (a) Wherever there shall be a violation of this section, an  appli-
    23  cation  may be made by the attorney general in the name of the people of
    24  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.
                                                                   LBD11558-01-9
        A. 7790                             2

     1  an injunction, and upon notice to the defendant of not  less  than  five
     2  days,  to enjoin and restrain the continuance of such violations; and if
     3  it shall appear to the satisfaction of the court or  justice,  that  the
     4  defendant  has,  in  fact,  violated  this  section an injunction may be
     5  issued by such court or justice enjoining and  restraining  any  further
     6  violation,  without  requiring  proof that any person has, in fact, been
     7  injured or damaged thereby. In any such proceeding, the court  may  make
     8  allowances  to  the  attorney  general  as  provided in paragraph six of
     9  subdivision (a) of section eighty-three hundred three of the civil prac-
    10  tice law and rules, and direct restitution.   Whenever the  court  shall
    11  determine  that  a violation of this section has occurred, the court may
    12  impose a civil penalty  of  not  more  than  ten  thousand  dollars.  In
    13  connection  with  any such proposed application, the attorney general is
    14  authorized to take proof and make a determination of the relevant  facts
    15  and  to  issue  subpoenas  in accordance with the civil practice law and
    16  rules.
    17    (b) In addition to the right of action granted to the attorney general
    18  pursuant to this section, any person who has been  subjected  to  facial
    19  recognition  in violation of this section, or about whom information has
    20  been obtained, retained, accessed, or used in violation of this chapter,
    21  may bring an action in any court of competent jurisdiction:
    22    (1) to enjoin such violation; and
    23    (2) to recover actual damages, or to receive one thousand  dollars  in
    24  damages for such violation, whichever is greater.
    25    (c)  A  court  shall  award  costs and reasonable attorneys' fees to a
    26  plaintiff who is the prevailing party in an action brought  under  para-
    27  graph (b) of this subdivision.
    28    § 2. This act shall take effect on the one hundred twentieth day after
    29  it shall have become a law.