BILL NUMBER: S955
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the multiple dwelling law and the multiple residence
law, in relation to the use of smart access systems and the information
that may be gathered from such systems
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation relates to limitations on electronic or computerized
systems for entry.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the multiple dwelling law by adding a new
section 50-b.
Section 2 of the bill amends the multiple residence law by adding new
section 130-a.
Respectively in the new sections 50-b of the multiple dwelling law and
130-a of the multiple residence law: Subdivision 1 sets forth defi-
nitions.
Subdivision 2 requires that every entrance to a class A multiple dwell-
ing does not rely on an electronic or computerized system for entry,
that landlords must provide to lawful tenants and occupants with alter-
native nonelectronic means of entry where requested, and for backup
power or alternative means of entry to be operable during a power
outage.
Subdivision 3 requires landlords or their agents to provide notice to a
tenant of the above provisions at the time of lease signing or when the
computerized entry system is installed.
Subdivision 4 sets limitations on the collection, management, utiliza-
tion, and disposal of data gathered by electronic and/or computerized
entry systems and by building owners, agents of owners, and utilized
vendors who use such entry systems. No new electronic and/or computer-
ized entry systems that rely on the collection of biometric data shall
be installed in class A multiple dwellings for three years after this
bill becomes law.
Subdivision 5 prohibits location tracking and capturing the likeness of
a minor occupant by electronic and/or computerized entry systems.
Information collected by such entry systems cannotò be used as the basis
or support for an action to evict a lessee or tenant and cannot be made
available to any third party without authorization from a tenant.
Subdivision 6 requires secure storage of information or data collected
to prevent unauthorized access. It also prohibits conditioning continued
or future tenancy upon consenting to the use of an electronic and/or
computerized entry system.
Subdivision 7 provides that if any entity that produces, makes avail-
able, or installs the electronic or computerized entry system discovers
a security breach or vulnerability in the software, that entity is
required to notify customers no later than 24 hours after discovery and
to take actions necessary to address the discovery within a reasonable
time that is not longer than 30 days.
Subdivision 8 provides that any agreement by a lessee or tenant of a
dwelling waiving or modifying his or her rights as set forth In this
section shall be void as contrary to public policy.
Subdivision 9 subjects any person or entity violating this section to a
civil penalty.
Subdivision 10 requires that any installation of an electronic and/or
computerized entry system in rent-regulated housing shall constitute a
modification of services and must receive approval from the Division of
Housing and Community Renewal prior to installation.
Subdivision 11 provides for the exemption of multiple dwellings owned or
managed by an entity subject to 42 U.S.C. § 1437 et seq. or any of its
subsidiaries, or multiple dwellings primarily occupied by transient
occupants for less than thirty days from this act.
Section 3 sets forth severability provisions.
Section 4 sets forth the effective date.
 
JUSTIFICATION:
Electronic and computerized entry systems for residential buildings can
pose serious threats to the privacy rights of tenants and their guests.
This legislation seeks to establish protections for individuals entering
a class A multiple dwelling and prohibits landlords from requiring
tenants to use keyless entry systems as a condition of their tenancy.
This legislation sets limits on the sharing and storing of information
and prohibits the use of any information gathered via the system as the
basis of any proceeding against a tenant.
 
PRIOR LEGISLATIVE HISTORY:
2024: S2078 (Kavanagh) - PASSED SENATE /A48D (Rosenthal L) - ordered to
third reading cal.3
2023: S2078 (Kavanagh) - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT /A48D (Rosenthal L) - ordered to third reading rules cal.567
2022: S6463A (Kavanagh) - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNI-
TY DEVELOPMENT /A706C (Rosenthal L) - referred to housing
2021: S6463A (Kavanagh) - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNI-
TY DEVELOPMENT /A706C (Rosenthal L) - referred to housing
2020: S5125B (Montgomery) - REFERRED TO JUDICIARY /A6788B (Rosenthal L)
referred to codes
2019: S5125B (Montgomery) - REFERRED TO JUDICIARY /A6788B (Rosenthal L)
reported referred to rules
 
FISCAL IMPLICATIONS:
Minimal
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.