Landlord Can't Install Biometric Entry System in Rent-Stabilized Building

LVT Number: #30616

Landlord asked the DHCR for permission to modify building services by installing a biometric fingerprint entry security system. The DRA ruled against landlord, finding that the proposed system would intrude on the privacy of building tenants and that these privacy concerns outweigh any added security benefit that the proposed biometric fingerprint entry system may have.

Landlord asked the DHCR for permission to modify building services by installing a biometric fingerprint entry security system. The DRA ruled against landlord, finding that the proposed system would intrude on the privacy of building tenants and that these privacy concerns outweigh any added security benefit that the proposed biometric fingerprint entry system may have.

Landlord appealed and lost. The building already had a key fob entry system. And it wasn't beyond the DHCR's authority to consider tenant privacy concerns when ruling on landlord's application to modify services. For example, the DHCR frequently imposes restrictions on a landlord's collection of tenant data when approving the installation of an electronic keycard or key fob entry system as a substituted service. And the privacy implications associated with biometric fingerprint entry systems go well beyond those associated with DHCR-approved electronic keycard/key fob entry systems. Tenants in a building using such a system are required to share an extensive amount of personal information, identifying characteristics, and/or location data. The effect on tenants' privacy would be too intrusive and therefore inconsistent with the rent stabilization laws and regulations.

Rangoon Inc.: DHCR Adm. Rev. Docket No. GO410031RO (12/12/19) [2-pg. doc.]

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