Smart Locks and Tenant Privacy Laws in New York

More and more New York landlords are installing smart locks in rental buildings. These electronic locks offer convenience, but many renters worry about privacy, access rights, and control over who can enter their home. If you live in New York, it’s important to understand what these devices mean for your privacy, your legal protections as a tenant, and how to address problems if they arise.

What Are Smart Locks and How Do They Affect Renters?

Smart locks use digital technology—such as key cards, smartphone apps, or PIN codes—instead of a traditional physical key. While these can make entry easier, they also raise questions about:

• Who can monitor or track entry and exit times
• What happens if a landlord remotely changes codes or access permissions
• How your personal data from lock usage is stored or shared

In New York State, technology must not come at the expense of your right to privacy in your rental home.

Your Privacy Rights Under New York Law

New York renters are protected under the New York State Real Property Law Section 235-h and other tenant privacy laws. Your home is your private space, and your landlord is limited in how and when they can enter, even if the property uses smart locks.

• Your landlord must give you reasonable notice (usually at least 24 hours) before entering for repairs or inspections, except in emergencies.^[1]
• Your consent is usually required to install or change a lock, except in the case of building-wide upgrades or safety requirements.^[2]
• Landlords cannot use smart lock data (like entry logs) to harass, retaliate, or unlawfully surveil tenants.

For more on your privacy protections, you can review the official New York State Tenant’s Rights Guide.

If Your Landlord Installs Smart Locks

If your landlord plans to install or has already installed a smart lock system, here’s what you should check:

• Ask to see the building’s smart lock privacy policy. Responsible landlords will provide written details about what data is collected and who can access it.
• Ask whether you can still request a physical key as an alternative—some New York City ordinances require landlords to provide physical access options, especially for seniors or those without smartphones.^[3]
• Confirm how you will be notified before the landlord accesses your unit, and through what method (email, text, written note).

Your Right to Exclusive Possession

The law protects your right to ‘exclusive possession,’ meaning no one—including the landlord—can enter without advance notice except in emergencies.

Official Forms and How to Use Them

If you believe your privacy is being violated or you’re having trouble with a smart lock (for example, if you are denied reasonable access to your home), you can:

• Document the issue: Save screenshots, photos, or anything showing lock errors or unauthorized entries.
• Request repairs or access: Use the official NYC Department of Housing Preservation & Development’s (HPD) Tenant Complaint Form (English) to report problems.
  • When to use: If the smart lock prevents you from entering your home, or the landlord fails to provide reasonable access. Example: Being locked out after business hours due to a system malfunction.
  • How to use: Fill out the tenant complaint form and mail or submit it in person to HPD (address on the form). Attach evidence if possible.
• Request a hearing: If your issue isn’t resolved, you have the right to apply to the New York City Housing Court (part of the Civil Court of the City of New York) for relief.
  • Start with an Order to Show Cause form if you seek emergency relief for denied access.
  • This is often used if you’re locked out or facing ongoing privacy issues.

For documentation and process details, visit the official New York State Homes and Community Renewal (HCR) tenants’ rights portal.

FAQ: Smart Locks and Tenant Rights in New York

1. Do I have the right to refuse a smart lock in my apartment?
   In most cases, landlords can upgrade building-wide systems, but reasonable accommodation (like a physical key) should be provided if you have concerns or disabilities.
2. Can my landlord access smart lock data without my permission?
   Landlords should only access data when necessary for safety or legal reasons and cannot use it for harassment or unwarranted surveillance.
3. What should I do if my landlord changes the smart lock code without notice?
   Document the change and contact your landlord immediately. If you are locked out, you may file a complaint with NYC HPD or seek help from Housing Court if access isn’t restored promptly.
4. Is there an official form to complain about smart lock privacy issues?
   Yes, you can use the NYC HPD Tenant Complaint Form to officially notify the city about access or privacy violations.
5. Who enforces tenant privacy and entry rules in New York State?
   The New York State Division of Housing and Community Renewal (DHCR) Office of Rent Administration oversees residential tenancy issues statewide, while NYC HPD or Housing Court may handle local complaints.

Key Takeaways

• Smart locks must not infringe on your right to privacy or reasonable access in New York.
• Written notice from your landlord is required before entering your home, and you can file an official complaint if your rights are violated.
• Official forms and housing agencies can assist if you experience problems with smart lock systems in your building.

If you have concerns, always keep records and contact official state or city agencies for support.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR) Tenant Rights Portal: Statewide resource for renter protections
• NYC Department of Housing Preservation & Development (HPD) Renter Support Services
• New York City Housing Court: Where tenants can file access and privacy complaints
• New York State Real Property Law: Read the legislation covering tenant and landlord rights

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1. See: New York State Real Property Law §235-h – Right to Privacy
2. New York State HCR - Residents’ Rights
3. For seniors/people with disabilities: NYC HPD Accessibility Information

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