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Is it legal for a co-op board to install camera aimed at my

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Is it legal for a co-op board to install camera aimed at my

Postby Matt_Campbell » Tue Nov 28, 2017 4:54 pm

Living room windows. I live in one of the two sponsor units in one of the fifteen buildings on the property in Harrison, New York. The co-op board is installing audio and video surveillance cameras on the outside of all of the fifteen buildings on the property. In the building where I live, one of the cameras is mounted on the outside wall of the building in a position where it can record me inside my living room. It's aimed right at my living room windows. So far, I'm the only one with this happening to me. I'd like advice on what my rights are as a sponsor tenant in a co-op apartment building in a situation where the co-op board is basically stalking me. They've been harassing all of the sponsor tenants on the property for years in a roundabout way - but now it seems like stalking. The camera is about ten feet from my living room windows.
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Re: Is it legal for a co-op board to install camera aimed at

Postby TenantNet » Tue Nov 28, 2017 5:14 pm

We can't say about the law upstate, but in NYC it is legal for cameras in public areas of buildings, i.e., lobbies, stairwells, outside, etc., as long as they do not point to the inside of one's apartment. You most likely will need an attorney to handle this, but at some point you will need to object in writing to the owner.
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Re: Is it legal for a co-op board to install camera aimed at

Postby Matt_Campbell » Tue Nov 28, 2017 8:27 pm

So far, I've read that cameras in a co-op building may provide only video surveillance. Audio surveillance is governed by the Federal Wiretap Act. Am I correct? They cannot record audio? The camera is mounted ten or less feet from my living room windows and there is a sign posted next to it reading, "Audio and Video Surveillance on Duty at all times". If the camera is this close to my window and my window is open, how can they not be illegally wiretapping me? Please; some guidance besides simply consult a lawyer. I cannot afford a lawyer. Do you know which federal government agency would deal with something like this? The FBI?
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Re: Is it legal for a co-op board to install camera aimed at

Postby TenantNet » Tue Nov 28, 2017 8:45 pm

See http://www.dmlp.org/legal-guide/new-york-recording-law

This site seems to have info on the law in various states. What's important to find out is your locality is a one or two-party consent state. New York is one-party consent.

Yes, audio is different. See http://blogs.findlaw.com/law_and_life/2 ... vator.html

for a discussion on audio surveillance.

There is growing caselaw for video surveillance in NYC multiple dwellings. I do not know if there are differences between rental and coop/condo buildings. But upstate might be different. You will need to do your own research or consult an attorney that has dealt with this stuff before.

When we say you should consult a lawyer, we don't mean to blow you off, but you need to consult with someone who knows the answer. We don't know everything.

I doubt the FBI would have anything to do with this unless they are watching you. Situations like this are probably not handled by agencies. You might need to get a court order.
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