House hearing spotlights tenant concerns over smartphone-only door access systems

House lawmakers heard public testimony on Wednesday on House Bill 3,378, a bill that would require landlords who use smartphone-based access control systems to provide tenants an alternative means to unlock doors, such as a key fob, key card, code or physical key.

The measure drew testimony from tenants and tenant advocates who described real-world scenarios in which app-only access left people locked out of their homes, and from the bill sponsor’s office, which said the proposal is narrowly targeted and does not ban digital systems.

Representative David Gomberg, sponsor of the bill, told the committee he brought the measure after hearing about tenants who could not get back into their units when a phone battery died or a phone was lost. "I came here today to try and start a conversation about an emerging trend that I became aware of with landlords requiring a smartphone application to get into your apartment," said Representative David Gomberg.

Luke Harkins, chief of staff to Representative Gomberg, said the bill’s intent is limited. "This bill does not ban these smartphone access systems. And it does not mandate a non-digital access method," Harkins said, adding that the proposal simply requires a backup option for tenants who cannot use a smartphone at a given moment.

Tenants who testified described accessibility and equity concerns. Juan Pedro Moreno Olmeda, a lifelong Hillsboro resident, said he experienced poor cellular reception inside buildings and urged lawmakers to support the bill, saying an app-only system can ‘‘inadvertently discriminate’’ against tenants who lack reliable service or a smartphone. Shelley Beauleu of the Community Alliance of Tenants said requiring an app to enter a home ‘‘can raise myriad accessibility issues’’ for seniors, people with disabilities and low-income households.

Committee members asked technical questions about how app-based systems operate. Representative Helfrich asked whether the systems depend on cellular service; Representative Gomberg and staff clarified that many systems rely on Bluetooth Low Energy and are not interrupted by a cell-tower outage.

The bill’s language does not specify how many backups a landlord must provide (for example, whether a landlord must issue more than one key fob), and the sponsor’s office said that detail is not contained in the current draft. Harkins said a "digital access key fob" would remain permissible under the bill.

The committee closed the public hearing and said staff would circulate a potential -1 amendment for further clarification at a later date. No committee vote was taken on HB 3,378 during the session.

The bill will return to the committee for future action if a -1 or other amendment is filed.