Is a hidden camera in my hall legal?

Privacy Law 3 views 2 answers
I found a hidden camera in my hall a few months ago. It was installed inside the first step of the staircase going up to my apartment with the carpet hanging over it slightly in an attempt to conceal it (I live in a 2 story building on the second floor). It was not installed by my landlord, but rather by my neighbor downstairs on the first floor. He and his wife are paranoid. They have four cameras in the front of the building and two in their yard. They never told us about the hidden camera in the step. The cameras out front and in their yard are to deter potential burglars I'm assuming, so I feel like that hidden camera is to keep an eye on me and my family. Is this legal? I feel like it's a violation of our privacy and trust. I don't know if you need this information, but I live in Queens. Thank you very much for your time. Take care. Joe

Attorney Answers

2
Mitchell Goldstein ·
Talk to the landlord. It may violate the lease. Also, if it is in the floor, then it may record places where you expect privacy (up skirts for example). That could be criminal. See if you can get the landlord to deal with it.
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Maurice Ross ·
If the hidden camera was installed with your landlord's permission, there is probably nothing you can do about it. However, it is quite possible that your neighbors violated their lease if they installed the camera without the landlord's position. Further, if the camera was installed without the landlord's permission and it photographs areas your apartment wherein you have a reasonable expectation of privacy, your neighbors may have engaged in both civil and criminal wrongdoing by installing the camera. If you want to pursue this, then you should first retain counsel, ask such counsel to record photographs of the camera, and then ask such counsel to discuss the situation with your landlord. Then, you should ask such counsel to attempt to negotiate a settlement with the neighbor involving removal of the camera. If such a settlement is not appropriate, your counsel should advise you as to whether to initiate a civil action or file a criminal complaint.
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