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A08517 Summary:

BILL NOA08517
 
SAME ASSAME AS S08036
 
SPONSORSimon
 
COSPNSRBurdick, Taylor
 
MLTSPNSR
 
Amd §390-e, Gen Bus L (as proposed in S.358-B & A.2258-B)
 
Prohibits the installation of certain security devices used to control access to common areas of a residential building without the written permission of the owners, board of managers, board of directors, or authorized party of such property; requires notice to occupants of a residential building prior to the installation of keyless security devices; prohibits increasing rent for the purpose of installing keyless security devices.
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A08517 Actions:

BILL NOA08517
 
01/04/2024referred to housing
01/17/2024reported
01/18/2024advanced to third reading cal.240
01/23/2024substituted by s8036
 S08036 AMEND= THOMAS
 01/05/2024REFERRED TO RULES
 01/08/2024ORDERED TO THIRD READING CAL.36
 01/16/2024PASSED SENATE
 01/16/2024DELIVERED TO ASSEMBLY
 01/16/2024referred to housing
 01/23/2024substituted for a8517
 01/23/2024ordered to third reading cal.240
 01/23/2024passed assembly
 01/23/2024returned to senate
 01/26/2024DELIVERED TO GOVERNOR
 01/26/2024SIGNED CHAP.13
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A08517 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8517
 
SPONSOR: Simon
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the unauthorized installation of certain security devices on residential buildings   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make amendments to Chapter 637 of the Laws of 2023.   SUMMARY OF PROVISIONS: Section one of the bill provides an owner, board of managers, board of directors, or authorized party of a property shall provide either thirty days written notice to residents of installation or notice as prescribed by the certificate of incorporation or by-laws. It also clarifies the keyless security device is not a service for rent regulation purposes or a reason to increase rent, and that the system cannot obstruct or adversely impact the manner in which residents access the building. Section two of the bill relates to the effective date.   JUSTIFICATION: Amazon's "Key for Business" initiative allows Amazon to install keyless security devices in residential buildings to give their drivers the ability to unlock apartment-building doors with a mobile device, ulti- mately speeding up their rounds and preventing stolen packages. This program requires that a security device be installed on the doors of residential buildings. This has caused serious security and privacy concerns. Namely, tenants may not be notified when these security devices have been installed and are then unaware of who has access to their building. One residential building in Westchester experienced such an issue. According to the news report, neither the tenants nor building manager knew or permitted Amazon to install such a device. The tenants and building manager only learned the device was installed after hundreds of residents reported issues granting access to guests and delivery driv- ers. A service technician called to fix the intercom discovered the Amazon key and radio transmitters inside the intercom causing interfer- ence. This resulted in a $1,500 charge for the intercom repair. This bill will ensure New Yorkers are aware of any keyless entry devices being installed in their buildings by requiring express written consent of the manager or board of directors of the property. The bill also protects tenants and property owners from potential intercom repair costs resulting from incompatible software by requiring the intercom owner or operator to be present at installation.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the general business law relating to prohibiting the unauthorized installation of certain security devices on residential buildings, as proposed in legislative bills numbers S. 358B and A. 2258-B, takes effect.
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A08517 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8517
 
                   IN ASSEMBLY
 
                                     January 4, 2024
                                       ___________
 
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Housing
 
        AN ACT to amend the general business law, in relation to prohibiting the
          unauthorized installation of certain security devices  on  residential
          buildings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 390-e of the general business law, as  added  by  a
     2  chapter  of  the laws of 2023 amending the general business law relating
     3  to prohibiting the unauthorized installation of certain security devices
     4  on residential buildings, as proposed in legislative  bills  numbers  S.
     5  358-B and A. 2258-B, is amended to read as follows:
     6    § 390-e. Unauthorized installation of certain security devices prohib-
     7  ited.  No  person,  firm,  partnership, association or corporation shall
     8  install any keyless security device used to control and secure access to
     9  the common areas of any residential building without the express written
    10  consent of the owner, board of managers, board of directors, or  author-
    11  ized  party  of  such property. Where a keyless security device has been
    12  authorized, any installation of such device shall be  performed  by,  or
    13  with  the  consent  of,  the owner, property manager, board of managers,
    14  board of directors, or authorized party in place in such  building.  The
    15  owner,  board  of  managers,  board of directors, or authorized party of
    16  such property consenting to  the  installation  of  a  keyless  security
    17  device  shall  provide  written  notice  to occupants of the residential
    18  building no less than thirty days prior to installation of  the  keyless
    19  security  device, which may be made by delivering a notice to each unit,
    20  either via physical or electronic means, or by posting the notice  in  a
    21  conspicuous  location  in each common area accessible to residents for a
    22  thirty-day period. Where notice is  prescribed  by  the  certificate  of
    23  incorporation or the by-laws of a cooperative or condominium, the owner,
    24  board  of  managers,  board  of  directors or other authorized party may
    25  instead comply with the certificate of incorporation or by-laws.  In  no
    26  event  shall  the  installation of such a system be considered a service
    27  nor be considered a reason, for any purpose, to  increase  rent.  In  no
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01646-06-4

        A. 8517                             2
 
     1  event  shall  the  installation  of  such a system obstruct or adversely
     2  impact the manner in which residents of the residential building  access
     3  such building.
     4    §  2.  This  act  shall  take  effect on the same date and in the same
     5  manner as a chapter of the laws of 2023 amending  the  general  business
     6  law  relating  to  prohibiting  the unauthorized installation of certain
     7  security devices on residential buildings, as  proposed  in  legislative
     8  bills numbers S. 358-B and A. 2258-B, takes effect.
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