Q: The owner of my Manhattan apartment building is implementing an access system that unlocks doors only with QR codes, biometrics data, or facial scans. This system compromises tenants' privacy and restricts access to dog walkers and other contractors. It is said to be susceptible to hacking, exposing us to burglaries. We are concerned about the collection, destination, and privacy of our data. Can our landlord force us to adopt this system?

A: Your landlord cannot collect biometric data from you and your neighbors without your consent.

In 2021, New York City passed a tenant data privacy law that addresses landlords' use of "smart" entry and intercom systems, which can track tenants' movements and the identities of their visitors. Without any legal constraints, this data could be shared or sold to third parties. The law is intended to address landlords who would collect private information and use it in court or for other purposes, said Michael P. Kozek, a lawyer in Brooklyn who practices real estate law.

"The landlord can install such a system in the building, but cannot use it to collect biometric data from you without your written consent," Mr. Kozek said.

The law, which applies to market-rate and rent-stabilized buildings with at least three units, covers key fobs, electronic systems, mobile phone apps, biometric identifiers and other similar technology. Even with consent, landlords can only collect a limited amount of data to enable use of the system, and must provide tenants with a data retention and privacy policy. Owners cannot use the data to harass or evict a tenant.

The Division of Housing and Community Renewal, which administers the rent-stabilization law, had previously ruled that an owner may replace a conventional metal key with a key fob under certain conditions, said Sherwin Belkin, a lawyer who represents owners at DHCR proceedings. One condition is that the building must be accessible by metal keys in the event of an emergency.

You can push back against this technology and say that you do not consent to sharing your data, said Daniel Schwarz, senior privacy and technology strategist at the New York Civil Liberties Union. If you need further help, Mr. Schwarz recommends contacting the Legal Aid Society, the Urban Justice Center, or calling the city's tenant hotline.

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