Q: I live in a six-story rental creating in Washington Heights, with five flats for every flooring. My neighbor across the corridor put in a Ring digital camera that captures the entire ground. It faces my apartment specifically, giving a apparent view inside when I open up the doorway. Aside from the truth that it’s awkward being aware of that all my comings and goings are getting recorded, I question if this is legal. What can I do about it?
A: Your neighbor does not have the correct to place everything in the hallway, such as a door digital camera, without having the landlord’s consent. It is not likely that your landlord has given the neighbor permission to do this simply because landlords typically do not want tenants detrimental the partitions or recording what is likely on in the hallways.
“I’ve never heard of a landlord consenting to a camera,” stated David E. Frazer, a lawyer who represents tenants. “It produces problems and it perhaps damages partitions and ceilings.”
Tell your landlord about the cameras, expressing your problem for the setting up and the partitions. With any luck, that will remedy the challenge. If, however, the landlord decides not to get included, your remaining choices are confined, mainly because the existence of a digicam in a widespread hallway is not illegal.
As a tenant, you do not have the presumption of privacy in common spots of buildings, like hallways, elevators and lobbies. That absence of privacy extends to the space inside your condominium that is noticeable when you open the door. So whilst your neighbor may perhaps not be allowed to install a digital camera and stage it right at your door, your landlord can. “The courts have held that the landlord has a correct to place a camera in the hallway and even disguise it,” Mr. Frazer claimed.
If the landlord does not get your neighbor to eliminate the camera, your only recourse would be to speak with your neighbor straight. Speak to the neighbor, if you can, and question if they would, at the incredibly minimum, reposition the camera away from your door.
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