Landlord Can Take Tenant Photographs for Key Card System

Landlord asked the DHCR for permission to modify building services by replacing metal keys used to access building entrances with and electronic key card/key fob entry system. The DRA ruled for landlord.

Tenant appealed and lost. Tenant objected to the portion of the DRA's order that granted landlord permission to take photographs of tenants before they were issued the key fob/key card. Tenant claimed that the photos were an invasion of privacy and wouldn't prevent intruders from entering the building. The DHCR stated that taking tenants' photographs was an important component of the key fob system and a security measure. This requirement mirrored the DHCR's policy on the issue and was approved in other cases where landlords sought to install key fob systems. Tenants' privacy was protected since the order approving the service modification also provided that individuals obtaining a key fob/key card must provide appropriate proof of identity but that landlord may not record any data such as a driver's license number and that tenant's name, address, and photo wouldn't be listed on the key fob/key card.

Sromek: DHCR Adm. Rev. Docket No. FW230009RT (4/19/19) [2-pg. doc.]