My roommate installed a security camera in the living room without telling me. The camera is in a visible place but it looks like a speaker so I had no idea it was a camera. The camera has audio as well.
She has been recording me 24/7 for the last 3 month and just told me a couple a days ago. Is what she has done illegal ? Can I ask her to remove the camera?
Thank you !
Dear New York Tenant:
If the living room is a common area of the apartment you and your co-tenant share, then generally there isn't an expectation of privacy similar to a bedroom or a bathroom. In New York a camera may record video alone without audio. And, yes, you may demand your co-tenant remove the camera.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
New York law permits one to (secretly) record another person with whom one is engaged in a conversation. But this does not fall within such category since your roommate secretly hid such camera. I believe this conduct is probably illegal recording that could subject your roommate to prosecution. However, whether the State in fact WILL prosecute such roommate depends upon the discretion of the prosecutor.
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