Can my landlord require me to use facial recognition or biometric entry systems?

It depends.  A landlord may introduce facial recognition or biometric entry systems, but requiring you to use them could violate federal, state, or local privacy, tenant rights, or anti-discrimination laws.

Federal Protections

• The Americans with Disabilities Act (ADA) requires many landlords to provide reasonable alternatives for tenants with disabilities who cannot use biometric systems.¹
   
• The Fair Housing Act (FHA) prohibits discrimination in housing.  If a landlord's biometric system disproportionately limits access or creates barriers for individuals based on race, color, national origin, religion, sex, familial status, or disability, it could violate the FHA.

State and Local Protections

• California
  Your landlord generally cannot force you to use only electronic keys that track your comings and goings.² In addition, the California Consumer Privacy Act gives you the right to opt out of collection, access, or request deletion of your biometric data. Landlords have to disclose to you how they use biometric data, and they cannot sell it without your consent.³
   
• Illinois
  The Biometric Information Privacy Act (BIPA) requires landlords to obtain your informed consent before collecting biometric data, mandates destruction schedules, prohibits them from selling your information, and gives you the right to sue if violations occur.⁴
   
• New York, NY
  New York City's Tenant Data Privacy Act requires landlords to obtain written consent before collecting biometric information and provide you with an alternative to the biometric entry system.⁵ The law also limits how long landlords can store this data and prohibits them from selling it with third parties.⁶
  
  In addition, tenants in New York successfully challenged mandatory facial recognition in a 2019 case, arguing it constituted a change in their lease terms.⁷ This case set a precedent that might help tenants in other states.
   
• Portland, OR
  Portland has banned facial recognition in public spaces, so landlords generally may not require biometric entry.⁸

If your landlord is insisting on biometric entry:

• Ask for alternative access options in writing⁹
• Document all communications you have with the landlord about the system¹⁰
• Research your specific state laws and local regulations, as protections vary widely¹¹
• Contact your state's fair housing agency, a tenant rights attorney, or a tenant rights organization for guidance if your landlord refuses reasonable alternatives¹²