New York Assembly Bill A00322 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 322 2023-2024 Regular Sessions  IN ASSEMBLY January 4, 2023 ___________ 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-j to read as follows: 3 § 235-j. 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. LBD01046-01-3 
 A. 322 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.