§2511.” She adds that, “§ 250.05 of the New York Penal Law, captioned ‘Eavesdropping,’ renders it a class E felony for any person, other than a law enforcement officer…to engage in, among other forms of surveillance, ‘mechanical overhearing of a conversation.’” Mechanical overhearing is defined in N.Y. As the LandlordsNY Legal Expert Michelle Maratto Itkowitz wrote in response to a question posted on the site some time ago, “Audio surveillance is governed by the Federal Wiretap Act, which prohibits intentionally intercepting ‘any wire, oral or electronic communication.’ See, 18 U.S.C. Do not install any equipment that can record audio unless they approve of its usage.
If you do believe you need to have audio surveillance, consult an attorney. And while there are a limited number of conditions that allow for audio surveillance, it’s best to avoid the issue entirely unless it becomes an absolute necessity. The law sees eavesdropping on unwilling parties as more of an invasion of privacy than monitoring them with a camera. However, before we get to where cameras can and cannot go, there is something even more pressing, and that is audio.
Cameras are only legal if they are being used to monitor public areas. Similarly, spying on your tenants in their apartments is also prohibited. Surveillance of private property by someone who is not the owner is illegal. While they obviously make the building more secure, they can also be seen as an invasion of privacy. However, tenants may be more ambivalent about their presence. Security cameras can be a major benefit to a landlord.
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