Syracuse, NY asked in Landlord - Tenant for New York

Q: I need to know if it is legal for a tenant to record conversation between me and prospective tenants.

I live in New York and am showing a house to prospective tenants tomorrow. The tenant has a video camera set up for remote viewing, and has stated that the audio is active. Neither she nor anyone else besides me and the prospects will be present, even though she was given that choice. Can she legally record the conversation between me and the prospective tenants with our knowledge but without our consent? I know the video is legal. Tenant claims: "The law you're referring to (NY Penal 250.5) does not apply when you are entering my space knowing that there is recording,"

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Generally, that sounds fine, but it depends on the details. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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