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S8036

An act to amend the General Business Law regarding keyless security devices in residential buildings — 2024-01-16 · Calendar #36

The New York State Senate passed S8036, a chapter amendment to General Business Law regulating keyless security entry systems in residential buildings, by a vote of 56-4 on Tuesday. The bill, sponsored by Sen. Thomas, prohibits unauthorized installation of keyless devices in multi-unit residential buildings without express written consent from property owners or boards of managers. The legislation specifies that installation of such systems cannot be considered a capital improvement and therefore cannot justify rent increases. During floor debate, Sen. Borrello raised concerns about the bill's language, arguing that the rent restriction provision was ambiguous and could be misinterpreted to prevent any rent increases if a keyless system is installed. Borrello, who previously supported the bill, voted against it due to these concerns about potential legal misinterpretation. Senators Murray, O'Mara, and Walczyk also voted in opposition. An amendment proposed by Sen. Martins to create penalties for obstructing traffic and building access during unpermitted protests was ruled nongermane by the presiding officer, and an appeal of that ruling failed on a show of hands vote of 20-ayes.
PASSED Ayes: 56 · Nays: 4

Debate Summary

Sen. Thomas sponsored a chapter amendment to legislation regulating the installation of keyless security entry systems in residential buildings. The bill prohibits unauthorized installation of such devices without express written consent of property owners or boards, and specifies that installation of these systems shall not be considered a capital improvement justifying rent increases. Sen. Borrello raised concerns about the bill's language, particularly regarding whether property owners themselves would be restricted by the prohibition and whether the rent restriction language was sufficiently clear about its temporal scope and applicability to short-term rentals.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Borrello nay Republican
Murray nay Republican
O'Mara nay Republican
Walczyk nay Republican

Amendments

Sponsor Description Outcome
Sen. Martins Proposed amendment to create a new offense of aggravated disorderly conduct, making it a Class A misdemeanor to obstruct traffic or access to buildings during unpermitted protests, with elevation to an E felony if charged as a hate crime. defeated