Brownsville Tenants Fight Facial Recognition Security: Attorneys

BROWNSVILLE, BROOKLYN — Brownsville tenants filed a legal objection against their landlord's request to install facial recognition technology in his rent-stabilized buildings, attorneys announced Wednesday.

More than 130 Tenants of Atlantic Plaza Towers, a 700-apartment complex at Thomas S. Boyland and Atlantic avenues, hope to block landlord Robert Nelson's pending application to bring the controversial security system into the Brownsville development, according to the Brooklyn Legal Services' Tenants Rights Coalition.

“The ability to enter your home should not be conditioned on the surrender of your biometric data,” said attorney Samar Katnani. “Particularly when the landlord’s collection, storage, and use of such data is untested and unregulated."

Attorneys argue in the opposition document that the proposed security system from StoneLock, which generates biometric metadata for each tenant, would violate rent-stabilization laws which mandate landlords not interfere with tenants' privacy or offer renewal leases with added terms and conditions.

They also raised concerns about biases embedded in facial recognition technology, which studies have shown attributes more negative emotions to black men's faces and is less able to identify women.

“We don’t believe he’s doing this to beef up security in the building," said tenant Icemae Downes. "We believe he’s doing this to attract new tenants who don’t look like us.”

Atlantic Towers Associates, L.P., did not alert tenants when it first filed an application with New York State Homes and Community Renewal office, which oversees rent-stabilized housing, in the summer of 2018, according to Gothamist.

It is the first time the office has considered the legality of such security software, the tenants' attorneys said.

"We are in uncharted waters with the use of facial recognition technology in residential spaces," Katnani said. "HCR does not have the jurisdiction or authority to adequately protect tenants."

The Brooklyn Legal Services' Tenants Rights Coalition is calling on HCR to reject the application, which Katnani said "poses a serious threat to tenants’ privacy and well-being.”

But Nelson Management Group argues the facial recognition technology would improve conditions at Atlantic Plaza Towers by making the tenants safer and promised collected data would be protected.

"We have engaged a leading provider of security technology for proposed upgrades, which has assured ownership that data collected is never exposed to third parties and is fully encrypted," a spokesperson said.

“The sole goal of implementing this technology is to advance that priority and support the safety and security of residents."

The spokesperson added that Nelson Management will comply with whatever HCR recommended, and an HCR spokesperson confirmed the application is under review.