Landlord Can Install Key Fob System That Will Protect Tenants' Privacy

Landlord asked the DHCR for permission to replace a building's metal key entry system with an electronic key fob entrance system. The DRA ruled for landlord and set some conditions for the installation of the key fob system.

Two tenants appealed and lost. The tenants expressed a number of privacy concerns in connection with the DRA's specific conditions. The DHCR noted that prior DHCR and court decisions concerning other buildings had approved the key replacement that the DHCR approved here. The DHCR pointed out that the approved key fob system could only record each time a key fob or key card was used to open the front door but it couldn't record departures. Landlord had a right to determine if a person entering the building was a rightful key fob holder and to limit key fob access to parties who have a right to be in the building. Landlord couldn't use key fob information for any other reason. Landlord could also verify key fob/key card information once a year. The DHCR also permits landlords to take photographs of tenants with the key fob to maintain in the security system database as an appropriate security measure. Minors are not required to sit for photos, and landlords may not record any data when a tenant provides proof of identity. Landlord can't ask for the Social Security number of more than one apartment occupant, and a tenant's name, address, and photo won't be listed on the key fob/key card. 

Odellas/Chin: DHCR Adm. Rev. Docket No. IX430006RT (5/21/21) [3-pg. doc.]