New York S 8223: Relates to requiring certain employers to provide workforce demographics and equity measurements to the division of human rights annually

Bill Text

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S08223 Summary:

BILL NOS08223 

&nbsp

SAME ASSAME AS A06363

&nbsp

SPONSORKAVANAGH

&nbsp

COSPNSRBRISPORT

&nbsp

MLTSPNSR

&nbsp

Add 235-k, RP L

&nbsp

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

Go to top S08223 Actions:

BILL NOS08223 

&nbsp

05/23/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS08223 Committee&nbspVotes:

Go to topS08223 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08223 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8223

 2025-2026 Regular Sessions

 IN SENATE

 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:

 1 Section 1. The real property law is amended by adding a new section
 2 235-k to read as follows:
 3 § 235-k. 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.
 LBD06011-01-5

 S. 8223 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 b