S 955: Relates to limitations on the use of smart access systems; restricts information that may be gathered on lessees, tenants, owners or guests.

  
  STATE OF NEW YORK ________________________________________________________________________ 955 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. KAVANAGH, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the multiple dwelling law and the multiple residence law, in relation to the use of smart access systems and the informa- tion that may be gathered from such systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The multiple dwelling law is amended by adding a new 2 section 50-b to read as follows: 3 § 50-b. Electronic or computerized entry systems. 1. Definitions. For 4 the purposes of this section, the following terms shall have the follow- 5 ing meanings: 6 a. "Account information" means information that is used to grant a 7 user entry or access to any online tools that are used to manage user 8 accounts related to a smart access system. 9 b. "Authentication data" means data generated or collected at the 10 point of authentication in connection with granting a user entry to a 11 class A multiple dwelling, dwelling unit of such building, or common 12 area of such building through a smart access system, except that it 13 shall not include data generated through or collected by a video or 14 camera system that is used to monitor entrances but not to grant entry. 15 c. "Biometric identifier information" means a physiological, biolog- 16 ical or behavioral characteristic that is used to identify, or assist in 17 identifying, an individual, including, but not limited to: (i) a retina 18 or iris scan, (ii) a fingerprint, (iii) a voiceprint, (iv) a scan or 19 record of a palm, hand, or face geometry, (v) gait or movement patterns, 20 or (vi) any other similar identifying characteristic that can be used 21 alone or in combination with each other, or with other information, to 22 establish individual identity. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00912-01-5 
 S. 955 2 1 d. "Critical security vulnerability" means a security vulnerability 2 that has a significant risk of resulting in an unauthorized access to an 3 area secured by a smart access system. 4 e. "Reference data" means information against which authentication 5 data is verified at the point of authentication by a smart access system 6 in order to grant a user entry to a class A multiple dwelling, dwelling 7 unit of such building, or common area of such building. 8 f. "Security breach" means any incident that results in unauthorized 9 access of data, applications, services, networks or devices by bypassing 10 underlying security mechanisms. A "security breach" occurs when an indi- 11 vidual or an application illegitimately enters a private, confidential 12 or unauthorized logical information technology perimeter. 13 g. "Smart access system" means any system that uses electronic or 14 computerized technology, a radio frequency identification card, a mobile 15 phone application, biometric identifier information, or any other 16 digital technology in order to grant access to a class A multiple dwell- 17 ing, common areas in such multiple dwelling, or to an individual dwell- 18 ing unit in such multiple dwelling. 19 h. "Third party" means an entity that installs, operates or otherwise 20 directly supports a smart access system, and has ongoing access to user 21 data, excluding any entity that solely hosts such data. 22 i. "User" means a tenant or lawful occupant of a class A multiple 23 dwelling, and any person a tenant or lawful occupant has requested, in 24 writing or through a mobile application, be granted access to such 25 tenant or lawful occupant's dwelling unit and such building's smart 26 access system. 27 2. Entry. a. Where an owner installs or plans to install a smart 28 access system on any entrance from the street, passageway, court, yard, 29 cellar, or other common area of a class A multiple dwelling, such system 30 shall not rely solely on a web-based application to facilitate entrance 31 but shall also include a key fob, key card, digital key or passcode for 32 tenant use. 33 b. Owners may provide various methods of entry into individual apart- 34 ments including a mechanical key or a smart access system of a key fob, 35 key card or digital key, provided, however that such smart access system 36 shall not rely solely on a web-based application. 37 c. Notwithstanding paragraph a or b of this subdivision, owners shall 38 provide a non-electronic means of entry where requested by the tenant or 39 lawful occupant due to a religious preference. 40 d. All lawful tenants and lawful occupants shall be provided with a 41 key, key fob, digital key or key card at no cost to such tenants and 42 lawful occupants. The term "lawful occupants" shall include children 43 under the age of eighteen who shall be issued a key, key fob, digital 44 key or key card if a parent or guardian requests such child be provided 45 with one. Tenants and lawful occupants may also receive up to four addi- 46 tional keys, key fobs, digital keys or key cards at no cost to the 47 tenant or lawful occupant for employees or guests. The term "guests" 48 shall include family members and friends who can reasonably be expected 49 to visit on a regular basis or visit as needed to care for the tenant, 50 lawful occupant, or the dwelling unit if the tenant or lawful occupant 51 is away. Employees, including contractors, professional caregivers or 52 other services providers, may have an expiration date placed on their 53 key, key card, digital key or key fob, which may be extended upon the 54 tenant's or lawful occupant's request. Tenants or lawful occupants may 55 request a new or replacement key, key fob, digital key or key card at 56 any time throughout the course of the tenancy or occupancy. The owner 
 S. 955 3 1 or their agent shall provide the first replacement key, key fob, digital 2 key or key card to the tenant or lawful occupant free of charge. The 3 cost of second and subsequent replacement cards shall not be more than 4 what the owner paid for the replacement up to and not exceeding twenty- 5 five dollars. 6 e. The owner shall not set limits on the number of keys, key fobs, 7 digital keys or key cards a tenant or lawful occupant may request. 8 f. Any door that has a smart access system shall have backup power or 9 an alternative means of entry to ensure that the entry system continues 10 to operate during a power outage. An owner, or their agent, shall 11 routinely inspect the backup power and shall replace according to system 12 specifications. Owners or their agents shall provide tenants and lawful 13 occupants with information about whom to contact in the event that the 14 tenant, lawful occupant or the tenant's or lawful occupant's children, 15 guests or employees become locked out. 16 3. Notice. Owners or their agents shall provide notice to a tenant or 17 lawful occupant at the time the tenant or lawful occupant signs the 18 lease, or when the smart access system is installed, of the provisions 19 of subdivision two of this section. 20 4. Data collection. a. If a smart access system is utilized to gain 21 entrance to a class A multiple dwelling, the only reference, authentica- 22 tion, and account information gathered by any smart access system shall 23 be limited to account information necessary to enable the use of such 24 smart access system, or reference data, including the user's name, 25 dwelling unit number and other doors or common areas to which the user 26 has access, the preferred method of contact for such user, information 27 used to grant a user entry or to access any online tools used to manage 28 user accounts related to such building, lease information including 29 move-in and, if available move-out dates, and authentication data such 30 as time and method of access for security purposes and a photograph of 31 access events for security purposes. For smart access systems that rely 32 on the collection of biometric data and which have already been 33 installed at the time this section shall have become a law, biometric 34 identifier information may be collected pursuant to this section in 35 order to register a user for a smart access system. No new smart access 36 systems that rely on the collection of biometric data shall be installed 37 in class A multiple dwellings for three years after the effective date 38 of this section. 39 (i) The owner of the multiple dwelling may collect only the minimum 40 data required by the technology used in the smart access system to 41 effectuate such entrance and protect the privacy and security of such 42 users. 43 (ii) The owner or agent of the owner shall not request or retain, in 44 any form, the social security number of any tenant or lawful occupant as 45 a condition of use of the smart access system. 46 (iii) The owner, agent of the owner, or the vendor of a smart access 47 system on behalf of the owner may record each time a key fob, key card, 48 digital key or passcode is used to enter the building, but shall not 49 record any departures. 50 (iv) A copy of such data may be retained for reference at the point of 51 authentication by the smart access system. Such reference data shall be 52 retained only for tenants or lawful occupants or those authorized by 53 the tenant, lawful occupant, or owner of the multiple dwelling. 54 (v) The owner of the multiple dwelling or any third party shall 55 destroy or anonymize authentication data collected from or generated by 
 S. 955 4 1 such smart access system within a reasonable time, but not later than 2 ninety days after the date collected. 3 (vi) Reference data for a user shall be destroyed or anonymized within 4 ninety days of (1) the tenant or lawful occupant permanently vacating 5 the dwelling, or (2) a request by the tenant or lawful occupant to with- 6 draw authorization for those previously authorized by the tenant or 7 lawful occupant. 8 b. (i) An entity shall not capture biometric identifier information of 9 an individual to gain entrance to a class A multiple dwelling unless the 10 person is a tenant or lawful occupant or a person authorized by the 11 tenant or lawful occupant, and informs the individual before capturing 12 the biometric identifier information; and receives their express consent 13 to capture the biometric identifier information. 14 (ii) Any entity that possesses biometric identifier information of an 15 individual that is captured to gain entrance to a class A multiple 16 dwelling: 17 (1) Shall not sell, lease or otherwise disclose the biometric identi- 18 fier information to another person unless pursuant to any law, grand 19 jury subpoena or court ordered warrant, subpoena, or other authorized 20 court ordered process. 21 (2) Shall store, transmit and protect from disclosure the biometric 22 identifier information using reasonable care and in a manner that is the 23 same as or more protective than the manner in which the person stores, 24 transmits and protects confidential information the person possesses; 25 and 26 (3) Shall destroy the biometric identifier information within a 27 reasonable time, but not later than forty-eight hours after the date 28 collected, except for reference data. If any prohibited information is 29 collected, such as the likeness of a minor or a non-tenant, the informa- 30 tion shall be destroyed immediately. 31 c. The owner of the multiple dwelling, or the managing agent, shall 32 develop and provide to tenants and lawful occupants written procedures 33 which describe the process used to add persons authorized by the tenant 34 or lawful occupant to the smart access system on a temporary or perma- 35 nent basis, such as visitors, children, their employees, and caregivers 36 to such building. 37 (i) The procedures shall clearly establish the owner's retention sche- 38 dule and guidelines for permanently destroying or anonymizing the data 39 collected. 40 (ii) The procedures shall not limit time or place of entrance by such 41 people authorized by the tenant or lawful occupant except as requested 42 by the tenant or lawful occupant. 43 5. Prohibitions. a. No form of location tracking, including but not 44 limited to satellite location based services, shall be included in any 45 equipment, key, or software provided to users as part of a smart access 46 system. 47 b. It shall be prohibited to collect through a smart access system the 48 likeness of a minor occupant, information on the relationship status of 49 tenants or lawful occupants and their guests, or to use a smart access 50 system to collect or track information about the frequency and time of 51 use of such system by a tenant or lawful occupant and their guests to 52 harass or evict a tenant or lawful occupant or for any other purpose not 53 expressly related to the operation of the smart access system. 54 c. Information that is acquired via the use of a smart access system 55 shall not be used for any purposes other than granting access to and 56 monitoring building entrances and shall not be used as the basis or 
 S. 955 5 1 support for an action to evict a lessee, tenant, or lawful occupant, or 2 an administrative hearing seeking a change in regulatory coverage for an 3 individual or unit. However, a tenant or lawful occupant may authorize 4 their information to be used by a third party, but such a request shall 5 clearly state who will have access to such information, for what purpose 6 it will be used, and the privacy policies which will protect their 7 information. Under no circumstances shall a lease or a renewal be 8 contingent upon authorizing such use. Smart access systems may use 9 third-party services to the extent required to maintain and operate 10 system infrastructure, including cloud-based hosting and storage. The 11 provider or providers of third-party infrastructure services shall meet 12 or exceed the privacy protections set forth in this section and shall be 13 subject to the same liability for breach of any of the requirements of 14 this section. 15 d. Information and data collected shall not be made available to any 16 third party, unless authorized as described in paragraph c of this 17 subdivision, including but not limited to law enforcement, except upon a 18 grand jury subpoena or a court ordered warrant, subpoena, or other 19 authorized court ordered process. 20 6. Storage of information. Any information or data collected shall be 21 stored in a secure manner to prevent unauthorized access by both employ- 22 ees and contractors and those unaffiliated with the owner or their 23 agents, except as otherwise provided in this section. Future or continu- 24 ing tenancy shall not be conditioned upon consenting to the use of a 25 smart access system. 26 7. Software issues. Whenever a company that produces, makes available 27 or installs smart access systems discovers a security breach or critical 28 security vulnerability in their software, such company shall notify 29 customers of such vulnerability within a reasonable time of discovery 30 but no later than twenty-four hours after discovery and shall make soft- 31 ware updates available and take any other action as may be necessary to 32 repair the vulnerability within a reasonable time, but not longer than 33 thirty days after discovery. Smart access systems and vendors shall 34 implement and maintain reasonable security procedures and practices 35 appropriate to the nature of the information collected. In the event 36 that a security breach or critical security vulnerability that pertains 37 to the embedded software or firmware on the smart access systems is 38 discovered, smart access systems and their vendors shall: 39 a. be able to create updates to the firmware to correct the vulner- 40 abilities; 41 b. contractually commit to customers that the smart access system or 42 vendor will create updates to the embedded software or firmware to reme- 43 dy the vulnerabilities; and 44 c. make such security-related software or firmware updates available 45 for free to customers for the duration of the contract between the 46 building and smart access systems. 47 8. Waiver of rights; void. Any agreement by a lessee or tenant of a 48 dwelling waiving or modifying their rights as set forth in this section 49 shall be void as contrary to public policy. 50 9. Penalties. a. A person who violates this section shall be subject 51 to a civil penalty of not more than five thousand dollars for each 52 violation. The attorney general may bring an action to recover the civil 53 penalty. 54 b. Where an owner or their agent uses a smart access system to harass 55 or otherwise deprive a tenant or lawful occupant of any rights available 
 S. 955 6 1 under law, such owner or agent shall be subject to a civil penalty of 2 not more than ten thousand dollars for each violation. 3 c. For purposes of this subdivision, each day the violation occurs 4 shall be considered a separate violation. 5 10. Rent regulated dwellings. Installation of a smart access system 6 pursuant to this section in a dwelling subject to the emergency tenant 7 protection act of nineteen hundred seventy-four, the emergency housing 8 rent control law, the local emergency housing rent control act, or the 9 rent stabilization law of nineteen hundred sixty-nine shall constitute a 10 modification of services requiring the owner of such dwelling or their 11 agent to apply to the division of housing and community renewal for 12 approval before performing such installation. Such installation shall 13 not qualify as a basis for rent reduction. 14 11. Exemptions. a. Nothing herein shall apply to multiple dwellings 15 owned or managed by an entity subject to 42 U.S.C. § 1437 et seq., or 16 any of its subsidiaries, or multiple dwellings that are primarily occu- 17 pied by transient occupants for a period of less than thirty days. 18 b. Nothing in this section shall limit the authority of the division 19 of housing and community renewal to impose additional requirements 20 regarding smart access systems installed in multiple dwellings for which 21 the division is required to approve substitutions or modifications of 22 services. 23 § 2. The multiple residence law is amended by adding a new section 24 130-a to read as follows: 25 § 130-a. Electronic or computerized entry systems. 1. Definitions. For 26 the purposes of this section, the following terms shall have the follow- 27 ing meanings: 28 (a) "Account information" means information that is used to grant a 29 user entry or access to any online tools that are used to manage user 30 accounts related to a smart access system. 31 (b) "Authentication data" means data generated or collected at the 32 point of authentication in connection with granting a user entry to a 33 multiple dwelling, dwelling unit of such building, or common area of 34 such building through a smart access system, except that it shall not 35 include data generated through or collected by a video or camera system 36 that is used to monitor entrances but not to grant entry. 37 (c) "Biometric identifier information" means a physiological, biolog- 38 ical or behavioral characteristic that is used to identify, or assist in 39 identifying, an individual, including, but not limited to: (i) a retina 40 or iris scan, (ii) a fingerprint, (iii) a voiceprint, (iv) a scan or 41 record of a palm, hand, or face geometry, (v) gait or movement patterns, 42 or (vi) any other similar identifying characteristic that can be used 43 alone or in combination with each other, or with other information, to 44 establish individual identity. 45 (d) "Critical security vulnerability" means a security vulnerability 46 that has a significant risk of resulting in an unauthorized access to an 47 area secured by a smart access system. 48 (e) "Reference data" means information against which authentication 49 data is verified at a point of authentication by a smart access system 50 in order to grant a user entry to a multiple dwelling, dwelling unit of 51 such building, or common area of such building. 52 (f) "Security breach" means any incident that results in unauthorized 53 access of data, applications, services, networks or devices by bypassing 54 underlying security mechanisms. A "security breach" occurs when an indi- 55 vidual or an application illegitimately enters a private, confidential 56 or unauthorized logical information technology perimeter. 
 S. 955 7 1 (g) "Smart access system" means any system that uses electronic or 2 computerized technology, a radio frequency identification card, a mobile 3 phone application, biometric identifier information, or any other 4 digital technology in order to grant access to a multiple dwelling, 5 common areas in such multiple dwelling, or to an individual dwelling 6 unit in such multiple dwelling. 7 (h) "Third party" means an entity that installs, operates or otherwise 8 directly supports a smart access system, and has ongoing access to user 9 data, excluding any entity that solely hosts such data. 10 (i) "User" means a tenant or lawful occupant of a multiple dwelling, 11 and any person a tenant or lawful occupant has requested, in writing or 12 through a mobile application, be granted access to such tenant or lawful 13 occupant's dwelling unit and such building's smart access system. 14 2. Entry. (a) Where an owner installs or plans to install a smart 15 access system on any entrance from the street, passageway, court, yard, 16 cellar, or other common area of a multiple dwelling, such system shall 17 not rely solely on a web-based application to facilitate entrance but 18 shall also include a key fob, key card, digital key or passcode for 19 tenant use. 20 (b) Owners may provide various methods of entry into individual apart- 21 ments including a mechanical key or a smart access system of a key fob, 22 key card or digital key, provided, however that such smart access system 23 shall not rely solely on a web-based application. 24 (c) Notwithstanding paragraph (a) or (b) of this subdivision, owners 25 shall provide a non-electronic means of entry where requested by the 26 tenant or lawful occupant due to a religious preference. 27 (d) All lawful tenants and lawful occupants shall be provided with a 28 key, key fob, digital key or key card at no cost to such tenants and 29 lawful occupants. The term "lawful occupants" shall include children 30 under the age of eighteen who shall be issued a key, key fob, digital 31 keys or key card if a parent or guardian requests such child be provided 32 with one. Tenants and lawful occupants may also receive up to four addi- 33 tional keys, key fobs, digital keys or key cards at no cost to the 34 tenant or lawful occupant for employees or guests. The term "guests" 35 shall include family members and friends who can reasonably be expected 36 to visit on a regular basis or visit as needed to care for the tenant, 37 lawful occupant, or the dwelling unit if the tenant or lawful occupant 38 is away. Employees, including contractors, professional caregivers or 39 other services providers, may have an expiration date placed on their 40 key, key card, digital key or key fob, which may be extended upon the 41 tenant or lawful occupant's request. Tenants or lawful occupants may 42 request a new or replacement key, key fob, digital key or key card at 43 any time throughout the course of the tenancy. The owner or their agent 44 shall provide the first replacement key, key fob, digital key or key 45 card to the tenant or lawful occupant free of charge. The cost of second 46 and subsequent replacement cards shall not be more than what the owner 47 paid for the replacement up to and not exceeding twenty-five dollars. 48 (e) The owner shall not set limits on the number of keys, key fobs, 49 digital keys or key cards a tenant or lawful occupant may request. 50 (f) Any door that has a smart access system shall have backup power or 51 an alternative means of entry to ensure that the entry system continues 52 to operate during a power outage. An owner, or their agent, shall 53 routinely inspect the backup power and shall replace according to system 54 specifications. Owners or their agents shall provide tenants and lawful 55 occupants with information about whom to contact in the event that the 
 S. 955 8 1 tenant, lawful occupant or the tenant's or lawful occupant's children, 2 guests or employees become locked out. 3 3. Notice. Owners or their agents shall provide notice to a tenant or 4 lawful occupant at the time the tenant or lawful occupant signs the 5 lease, or when the smart access system is installed, of the provisions 6 of subdivision two of this section. 7 4. Data collection. (a) If a smart access system is utilized to gain 8 entrance to a multiple dwelling, the only reference, authentication, and 9 account information gathered by any smart access system shall be limited 10 to account information necessary to enable the use of such smart access 11 system, or reference data, including the user's name, dwelling unit 12 number and other doors or common areas to which the user has access, the 13 preferred method of contact for such user, information used to grant a 14 user entry or to access any online tools used to manage user accounts 15 related to such building, lease information including move-in and, if 16 available move-out dates, and authentication data such as time and meth- 17 od of access for security purposes and a photograph of access events for 18 security purposes. For smart access systems that rely on the collection 19 of biometric data and which have already been installed at the time this 20 section shall have become a law, biometric identifier information may be 21 collected pursuant to this section in order to register a user for a 22 smart access system. No new smart access systems that rely on the 23 collection of biometric data shall be installed in multiple dwellings 24 for three years after the effective date of this section. 25 (i) The owner of the multiple dwelling shall collect only the minimum 26 data required by the technology used in the smart access system to 27 effectuate such entrance and protect the privacy and security of such 28 users. 29 (ii) The owner or agent of the owner shall not request or retain, in 30 any form, the social security number of any tenant or lawful occupant as 31 a condition of use of the smart access system. 32 (iii) The owner, agent of the owner, or the vendor of a smart access 33 system on behalf of the owner may record each time a key fob, key card, 34 digital key or passcode is used to enter the building, but shall not 35 record any departures. 36 (iv) A copy of such data may be retained for reference at the point of 37 authentication by the smart access system. Such reference data shall be 38 retained only for tenants or lawful occupants or those authorized by the 39 tenant, lawful occupant, or owner of the multiple dwelling. 40 (v) The owner of the multiple dwelling or any third party shall 41 destroy or anonymize authentication data collected from or generated by 42 such smart access system within a reasonable time, but not later than 43 ninety days after the date collected. 44 (vi) Reference data for a user shall be destroyed or anonymized within 45 ninety days of (1) the tenant or lawful occupant permanently vacating 46 the dwelling, or (2) a request by the tenant or lawful occupant to with- 47 draw authorization for those previously authorized by the tenant or 48 lawful occupant. 49 (b) (i) An entity shall not capture biometric identifier information 50 of an individual to gain entrance to a multiple dwelling unless the 51 person is a tenant or lawful occupant or a person authorized by the 52 tenant or lawful occupant, and informs the individual before capturing 53 the biometric identifier information; and receives their express consent 54 to capture the biometric identifier information. 55 (ii) Any entity that possesses biometric identifier information of an 56 individual that is captured to gain entrance to a multiple dwelling: 
 S. 955 9 1 (1) Shall not sell, lease or otherwise disclose the biometric identi- 2 fier information to another person unless pursuant to any law, grand 3 jury subpoena or court ordered warrant, subpoena, or other authorized 4 court ordered process. 5 (2) Shall store, transmit and protect from disclosure the biometric 6 identifier information using reasonable care and in a manner that is the 7 same as or more protective than the manner in which the person stores, 8 transmits and protects confidential information the person possesses; 9 and 10 (3) Shall destroy the biometric identifier information within a 11 reasonable time, but not later than forty-eight hours after the date 12 collected, except for reference data. If any prohibited information is 13 collected, such as the likeness of a minor or a non-tenant, the informa- 14 tion shall be destroyed immediately. 15 (c) The owner of the multiple dwelling, or the managing agent, shall 16 develop and provide to tenants and lawful occupants written procedures 17 which describe the process used to add persons authorized by the tenant 18 or lawful occupant to the smart access system on a temporary or perma- 19 nent basis, such as visitors, children, their employees, and caregivers 20 to such building. 21 (i) The procedures shall clearly establish the owner's retention sche- 22 dule and guidelines for permanently destroying or anonymizing the data 23 collected. 24 (ii) The procedures shall not limit time or place of entrance by such 25 people authorized by the tenant or lawful occupant except as requested 26 by the tenant or lawful occupant. 27 5. Prohibitions. (a) No form of location tracking, including but not 28 limited to satellite location based services, shall be included in any 29 equipment, key, or software provided to users as part of a smart access 30 system. 31 (b) It shall be prohibited to collect through a smart access system 32 the likeness of a minor occupant, information on the relationship status 33 of tenants or lawful occupants and their guests, or to use a smart 34 access system to collect or track information about the frequency and 35 time of use of such system by a tenant or lawful occupant and their 36 guests to harass or evict a tenant or lawful occupant or for any other 37 purpose not expressly related to the operation of the smart access 38 system. 39 (c) Information that is acquired via the use of a smart access system 40 shall not be used for any purposes other than granting access to and 41 monitoring building entrances and shall not be used as the basis or 42 support for an action to evict a lessee, tenant, or lawful occupant, or 43 an administrative hearing seeking a change in regulatory coverage for an 44 individual or unit. However, a tenant or lawful occupant may authorize 45 their information to be used by a third party, but such a request shall 46 clearly state who will have access to such information, for what purpose 47 it will be used, and the privacy policies which will protect their 48 information. Under no circumstances shall a lease or a renewal be 49 contingent upon authorizing such use. Smart access systems may use 50 third-party services to the extent required to maintain and operate 51 system infrastructure, including cloud-based hosting and storage. The 52 provider or providers of third-party infrastructure services shall meet 53 or exceed the privacy protections set forth in this section and shall be 54 subject to the same liability for breach of any of the requirements of 55 this section. 
 S. 955 10 1 (d) Information and data collected shall not be made available to any 2 third party, unless authorized as described in paragraph (c) of this 3 subdivision, including but not limited to law enforcement, except upon a 4 grand jury subpoena or a court ordered warrant, subpoena, or other 5 authorized court ordered process. 6 6. Storage of information. Any information or data collected shall be 7 stored in a secure manner to prevent unauthorized access by both employ- 8 ees and contractors and those unaffiliated with the owner or their 9 agents, except as otherwise provided in this section. Future or continu- 10 ing tenancy shall not be conditioned upon consenting to the use of a 11 smart access system. 12 7. Software issues. Whenever a company that produces, makes available 13 or installs smart access systems discovers a security breach or critical 14 security vulnerability in their software, such company shall notify 15 customers of such vulnerability within a reasonable time of discovery 16 but no later than twenty-four hours after discovery and shall make soft- 17 ware updates available and take any other action as may be necessary to 18 repair the vulnerability within a reasonable time, but not longer than 19 thirty days after discovery. Smart access systems and vendors shall 20 implement and maintain reasonable security procedures and practices 21 appropriate to the nature of the information collected. In the event 22 that a security breach or critical security vulnerability that pertains 23 to the embedded software or firmware on the smart access systems is 24 discovered, smart access systems and their vendors shall: 25 (a) be able to create updates to the firmware to correct the vulner- 26 abilities; 27 (b) contractually commit to customers that the smart access system or 28 vendor will create updates to the embedded software or firmware to reme- 29 dy the vulnerabilities; and 30 (c) make such security-related software or firmware updates available 31 for free to customers for the duration of the contract between the 32 building and smart access systems. 33 8. Waiver of rights; void. Any agreement by a lessee or tenant of a 34 dwelling waiving or modifying their rights as set forth in this section 35 shall be void as contrary to public policy. 36 9. Penalties. (a) A person who violates this section shall be subject 37 to a civil penalty of not more than five thousand dollars for each 38 violation. The attorney general may bring an action to recover the 39 civil penalty. An individual injured by a violation of this section may 40 bring an action to recover damages. A court may also award attorneys' 41 fees to a prevailing plaintiff. 42 (b) Where an owner or their agent uses a smart access system to harass 43 or otherwise deprive a tenant or lawful occupant of any rights available 44 under law, such owner or agent shall be subject to a civil penalty of 45 not more than ten thousand dollars for each violation. 46 (c) For purposes of this subdivision, each day the violation occurs 47 shall be considered a separate violation. 48 10. Rent regulated dwellings. Installation of a smart access system 49 pursuant to this section in a dwelling subject to the emergency tenant 50 protection act of nineteen hundred seventy-four, the emergency housing 51 rent control law, the local emergency housing rent control act, or the 52 rent stabilization law of nineteen hundred sixty-nine shall constitute a 53 modification of services requiring the owner of such dwelling or their 54 agent to apply to the division of housing and community renewal for 55 approval before performing such installation. Such installation shall 56 not qualify as a basis for rent reduction. 
 S. 955 11 1 11. Exemptions. (a) Nothing herein shall apply to multiple dwellings 2 owned or managed by an entity subject to 42 U.S.C. § 1437 et seq., or 3 any of its subsidiaries, or multiple dwellings that are primarily occu- 4 pied by transient occupants for a period of less than thirty days. 5 (b) Nothing in this section shall limit the authority of the division 6 of housing and community renewal to impose additional requirements 7 regarding smart access systems installed in multiple dwellings for which 8 the division is required to approve substitutions or modifications of 9 services. 10 § 3. Severability. If any provision of this act, or any application of 11 any provision of this act, is held to be invalid, that shall not affect 12 the validity or effectiveness of any other provision of this act, or of 13 any other application of any provision of this act, which can be given 14 effect without that provision or application; and to that end, the 15 provisions and applications of this act are severable. 16 § 4. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law.