WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a)–(b) "Facial recognitionFacial recognition"Facial recognition" means both: (1) the automated or semi-automated process by which a person is identified 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 characteristics of an individual's face are analyzed to determine the individual's sentiment, state of mind, or other propensities including but not limited to level of dangerousness.Real Property Law § 235-i(1)(a)" means both: (1) the automated or semi-automated process by which a person is identified 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 characteristics of an individual's face are analyzed to determine the individual's sentiment, state of mind, or other propensities including but not limited to level of dangerousness. (b) "Facial recognition systemFacial recognition system"Facial recognition system" means any computer software or application that performs facial recognition.Real Property Law § 235-i(1)(b)" means any computer software or application that performs facial recognitionFacial recognition"Facial recognition" means both: (1) the automated or semi-automated process by which a person is identified 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 characteristics of an individual's face are analyzed to determine the individual's sentiment, state of mind, or other propensities including but not limited to level of dangerousness.Real Property Law § 235-i(1)(a).
This subdivision establishes the two defined terms that govern the bill's scope. Facial recognition is defined broadly to encompass both biometric identification (matching a face to a known or unknown individual) and sentiment or propensity analysis (inferring an individual's state of mind or perceived dangerousness from facial characteristics). Facial recognition system is any software or application that performs either function. The breadth of the definition means that emotion-detection and behavioral-inference tools are covered alongside traditional face-matching systems.
(2) 1 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 systemFacial recognition system"Facial recognition system" means any computer software or application that performs facial recognition.Real Property Law § 235-i(1)(b); or (b) any information obtained from or by use of a facial recognition systemFacial recognition system"Facial recognition system" means any computer software or application that performs facial recognition.Real Property Law § 235-i(1)(b).
This subdivision contains the bill's core prohibition. It makes it unlawful for any landlord to obtain, retain, access, or use a facial recognition system — or any information derived from such a system — on any residential premises. The prohibition is categorical: it applies notwithstanding any other law, rule, or regulation, and contains no exceptions for tenant consent, security purposes, or law-enforcement cooperation. The four prohibited actions (obtain, retain, access, use) cover the full lifecycle of a facial recognition system on residential property.
(3)(a) Wherever there shall be a violation of this section, an application 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 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 practice 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.
(3)(b)–(c) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been subjected to facial recognitionFacial recognition"Facial recognition" means both: (1) the automated or semi-automated process by which a person is identified 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 characteristics of an individual's face are analyzed to determine the individual's sentiment, state of mind, or other propensities including but not limited to level of dangerousness.Real Property Law § 235-i(1)(a) 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 paragraph (b) of this subdivision.
This subdivision establishes a dual-track enforcement regime. Paragraph (a) authorizes the attorney general to seek injunctive relief and civil penalties of up to $10,000 per violation, with no requirement to prove actual injury. The attorney general may also obtain restitution and exercise subpoena authority. Paragraph (b) creates a private right of action for any person subjected to facial recognition or whose information was obtained, retained, accessed, or used in violation — entitling the plaintiff to the greater of actual damages or $1,000 per violation, plus injunctive relief. Paragraph (c) makes costs and reasonable attorneys' fees mandatory for prevailing private plaintiffs.