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What is the law on one-person consent in New York State?

Brooklyn, NY |

We are taking the landlord to court for allowing harassment and threats to occur by another tenant against us. In a mediation, despite the complaints, he took the side of the menacing tenant. (we have strong reason to believe that his response was fueled by prejudice). One of his managers keeps calling us and told us because we were taking them to court, he was taking it personal and that he will make sure we are evicted. We understand by law, we can withhold rent if a problem persist and is not resolved. We know that they breach the contract for habitability. Is it legal in New York State to record a conversation with this individual as long as we are engaged in the conversation without her knowing and use it in court?

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Attorney answers 3


New York is a one-party consent state so as long as one person (you) consents to the recording it is okay.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.



That is great. Can it be used in court?


New york is a one person consent state.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


You can record a conversation person with another person if one of the people (you) consent. By telephone you also need one party to consent providing both parties are in NYS. You can not record interstate without advising the other side that you are recording and requesting their consent or stating you will be recording and their continuing to speak will be deemed their consent.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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