KEYLESS ENTRY AND PHOTO IDs DO NOT VIOLATE RENT LAWS

For the last several years, members of the Stuyvesant Town-Peter Cooper Village Tenant's Association have been challenging the implementation of a keyless access card embossed with each tenant's photograph. Arguments ranging from a breach of privacy rights, violation of rent laws, to a breach of the warranty of habitability have all met with defeat both at both the administrative and judicial levels.
Last July, the New York County Supreme Court reviewed whether the State Division of Housing and Community Renewal (DHCR) had properly determined that a keyless system was appropriate, particularly in light of the tenants' concern that the process lent itself to "identity theft or criminal conduct" by the landlord's employees or others with access to the sensitive data.
After reviewing the facts and governing law, Justice Rolando Acosta concluded the DHCR reasonably, rationally and justifiably relied upon expert affidavits (including a submission by the New York City Police Department) which recommended replacement of the "antiquated metal key locks with card key access" to increase security, deter unlawful activity and minimize personal injury. Here's how the court's decision recapped the agency's position:

The [DHCR's] Commissioner found that the card key system was not a diminution of services, a violation of the rent laws, or an unauthorized change in the terms and conditions of the tenants' leases. The Commissioner permitted some modifications to the card key system as proposed, including giving "tenants," "legal occupants," and "guests" the option to include their names on the card key and giving Met Life the option to require the names of "invitees" to be placed on card keys. The Commissioner further modified the Rent Administrator's order to the extent of permitting "nonsensitive information" on the card key, basing the expiration date of invitees' card keys on certain criteria, and permitting Met Life to require individuals without a card key seeking access to the premises "to show some form of photo ID to security personnel, based upon the security needs of the subject premises." The Commissioner reasoned that inasmuch as security personnel may review the photos of card key holders through close circuit television as they enter the premises, "it is only logical to allow security personnel to be able to ask for a photo ID of non-card key holders."

That reasonable people may disagree with the Commissioner does not constitute a valid ground to annul his order...Therefore, the petition is denied and Met Life's cross-motion to dismiss is granted.