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.
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.
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.