Digital Is Not Always Better

By: Anessa Cohen

I was sitting with my coffee while perusing the real estate section of the newspaper and happened upon a most bizarre story. A group of tenants living in a converted warehouse filed a lawsuit against their landlord demanding that he provide access to all public entrances of their building by means of a metal key.

Now, the first question I’m sure many of you are asking yourselves is: “Metal key? What other kind of key is there other than metal key?” which is the same question I asked myself initially when I saw the headline of this article.

Oddly enough, the landlord did not do anything terrible, he only sought to create a method for his tenants to be able to buzz in guests, deliverymen, or even the electric meter reader without having to run up and down the staircase to open up the various doors with security mechanisms currently in place.

Trying to utilize the latest options available, the landlord hired a company called Latch, which offered a hi-tech app that they could install on their cell phones to open all entries digitally via their phones.

Unfortunately, the landlord did not take into account that some of the tenants would not be able to utilize such an app either because they did not have a smartphone or they were not proficient in the use of hi-tech apps altogether.

Those tenants having difficulties with the system that the landlord set up had requested an old-fashioned key that would allow them to open the doors without the use of “hi-tech” apps. The landlord, who had never thought it would be necessary to take this approach into consideration when he had all the mechanisms for the hi-tech app installed now had a new problem. Since he did not install regular keyholes with locks for manual access via a regular metal key, when he approached the hi-tech company, Latch, with his dilemma, they did not have an answer for him since their hi-tech app was not adaptable to the old-fashioned metal key option.

The tenants did not want to hear about their landlord’s dilemma of how to handle the situation he had created via the use of these “apps.” In addition, some of the tenants who were able to access the hi-tech app also had the complaint that the app would take away their right to privacy since in addition to recording when they opened and shut the doors for access, it would give the landlord a time log of their use of the entries and exits 24/7.

At this point, they have reached a stalemate that needs to be decided in court. First, what are the tenants’ rights concerning manual entry? What if they lose their phone and can’t access their own apartment via the app? Do they have the right to demand a metal key for manual entry to the building as opposed to using only the hi-tech app system provided? And if the landlord has already provided a high-level security and access system even though the only way to utilize it is via an app, has the landlord provided sufficient ability for his tenants to come and go through the various entries?

Finally, given that a hi-tech app of this kind actually keeps a log of each and every person entering and leaving the building and the names and possibly photos of each person utilizing it, does this impinge on the privacy rights of their tenants? Stay tuned to see! 

Anessa Cohen lives in Cedarhurst and is a Licensed Real Estate Broker (Anessa V Cohen Realty) with over 20 years of experience offering full service real estate residential, commercial, and management services. She can be reached at 516-569-5007. Readers are encouraged to send any questions or scenarios by email to [email protected].