Int. No. 1018
By Council Members Williams, Thomas Henry, Avilés, Vernikov, Louis, Ossé, Gennaro, Schulman, Maloney, Hanif, Hudson, Farías, Wong, Aldebol, Brooks-Powers, Zhuang, Dinowitz and Narcisse
A Local Law to amend the administrative code of the city of New York, in relation to establishing a residence privacy protection program for city elected officials
Be it enacted by the Council as follows:
Section 1. Title 23 of the administrative code of the city of New York is amended by adding a new chapter 13 to read as follows:
CHAPTER 13
RESIDENCE PRIVACY PROTECTION PROGRAM
§ 23-1301 Definitions. As used in this section, the following terms have the following meanings:
Covered elected official. The term “covered elected official” means an individual holding office as mayor, comptroller, public advocate, borough president, or member of the council.
Privacy officer. The term “privacy officer” means the individual designated by the head of each agency to act as such agency’s privacy officer.
Program. The term “program” means the residence privacy protection program established under section 23-1302.
§ 23-1302 Program administration. a. Each privacy officer shall administer a residence privacy protection program to allow a covered elected official to request that an agency not disclose such covered elected official’s residential address in any physical or electronic form outside city government prior to the agency making such disclosure.
b. The policies and protocols promulgated by the chief privacy officer pursuant to subdivision h of section 8 of the charter shall include policies and protocols pertaining to the implementation of the program.
c. The limitations set forth in chapter 12 of this title do not apply to the program.
§ 23-1303 Program participation. a. A covered elected official wishing to participate in the program shall submit to the chief privacy officer a written request to participate.
b. Within 7 days after receipt of a request submitted under subdivision a of this section, the chief privacy officer shall notify each privacy officer of such covered elected official’s participation in the program.
c. A covered elected official’s participation in the program shall be for the duration of such covered elected official’s term in the relevant office.
d. A covered elected official may withdraw from the program by submitting to the chief privacy officer a written request for withdrawal.
e. Within 7 days after receipt of a request submitted under subdivision d of this section, the chief privacy officer shall notify each privacy officer of such covered elected official’s withdrawal of participation in the program.
§ 23-1304 Program requirements. Each privacy officer shall honor a request made by a covered elected official under section 23-1302, unless:
1. Exigent circumstances require disclosure of such official’s residential address;
2. Such official approves of such disclosure in writing to the privacy officer of the agency that would make such disclosure;
3. Such disclosure is required by federal or state law or court order;
4. The agency that would make such disclosure asserts in good faith a need for such disclosure; or
5. Such disclosure is required or requested in connection with a law enforcement investigation.
§ 23-1305 Exigent circumstances. a. If an agency discloses due to exigent circumstances the residential address of a covered elected official who is a participant in the program, as soon as practicable after such disclosure, such agency shall notify such agency’s privacy officer of such disclosure and the reasons for such disclosure.
b. Within 7 days after being notified under subdivision a of this section of an agency’s disclosure of a covered elected official’s residential address, such agency’s privacy officer shall notify such covered elected official of such disclosure and of such agency’s reasons for such disclosure.
§ 23-1306 Waiver. a. Prior to disclosing pursuant to paragraphs 3, 4, or 5 of section 23-1304 the residential address of a covered elected official, an agency shall submit to such agency’s privacy officer a request for a waiver to make such disclosure. Such request shall include, as applicable:
1. A citation to the federal or state law or court order that requires such disclosure, including the reasons that not disclosing such information would prevent such agency from meeting its obligations under such law or court order;
2. Such agency’s assertion in good faith of a need for such disclosure, including the reasons for such disclosure; or
3. A statement that such disclosure is required or requested in connection with a law enforcement investigation and the name of the governmental body requiring or requesting such disclosure.
b. A privacy officer shall grant an agency’s request for a waiver under subdivision a of this section upon a determination that, as applicable, a federal or state law or court order requires such disclosure, such agency has established in good faith a need for such disclosure, or such disclosure is required or requested in connection with a law enforcement investigation.
c. Within 7 days after the granting of a waiver under subdivision b of this section, a privacy officer shall notify the relevant covered elected official of such waiver.
§ 23-1307 Supersession of election law. Disclosure by an agency of information relating to municipal elections is governed by applicable provisions of the election law, except that the provisions of the election law set forth in paragraphs 1 through 3 of this section, as such provisions of the election law are amended from time to time and any successor provisions, apply as modified in this section. References to the provisions of law modified in this section shall be deemed to refer to such provisions as they are so modified when and to the extent that they apply to the disclosure by agencies of information relating to municipal elections. References to provisions of the election law in this section shall be deemed to refer to any successor provisions. Provisions of the election law not specified in this section apply to the disclosure by an agency of information relating to municipal elections; provided, however, that such provisions shall not be construed to prevent or impede the application of this chapter.
1. Section 5-602 of the election law applies to disclosure by an agency of information relating to municipal elections, except that the requirement that the New York city board of elections cause to be published outside city government a complete list of names and residence addresses of the registered voters for each election district over which the board has jurisdiction is superseded to the extent that such publication is covered by this chapter.
2. Section 5-604 of the election law applies to disclosure by an agency of information relating to municipal elections, except that the requirement that the New York city board of elections cause to be published outside city government a complete list of names, residence addresses, and party enrollment of the registered voters for the city is superseded to the extent that such publication is covered by this chapter.
3. Section 6-144 of the election law applies to disclosure by an agency of information relating to municipal elections, except that the requirement that the New York city board of elections keep a book open to public inspection that contains the times of filing of petitions for designation and nomination and certificates of nomination specified in article 6 of the election law, and the names and residences of all candidates named in such petitions and certificates, is superseded to the extent that such publication is covered by this chapter.
§ 23-1308 Contractors and subcontractors. Each agency shall require contractors of such agency that obtain, whether directly or through subcontractors, the residential address of a covered elected official who is a participant in the program to comply with the requirements of sections 23-1304, 23-1305, and 23-1306. The relevant agency may designate that the duties of such agency’s privacy officer under the program be exercised by such contractors or subcontractors.
§ 23-1309 Complaints. Each privacy officer shall establish a system to accept and investigate complaints regarding violations of this chapter.
§ 23-1310 Private right of action. Nothing in this chapter shall be construed to create a private right of action to enforce any provision of this chapter.
§ 23-1311 Construction. Nothing in this chapter shall prohibit city officers and employees from performing their duties in accordance with federal or state law.
§ 2. This local law takes effect 120 days after it becomes law.
JEF
LS #20120
7/29/2026 4:38 PM