Q: In a tax credit based housing program in northernCA what are my rights regarding the apartment use of A/V surveillance
Management uses audio and video surveillance keep track of Tim's coming and going and also that is everything I noticed I received said an an unauthorized visitor was seen entering my unit and later exiting unescorted by me. This is not an eyewitness viewing by staff. This is the property manager going over the surveillance from a week ago... Surveillance from a camera that was pointed directly at my door rather than only going as far as the sidewalk in the Common area. The audio on the cameras is very sensitive. Cameras mounted by a door can pick up conversations inside easily as well as being able to pick up private conversations in the middle of the common area. There is no sense of privacy, I'm on edge and stressed out all the time to the point I'm losing sleep, there is no quiet enjoyment . Inmates in a matching security decision enjoy more privacy than the tenants here. This can't be legal. How do I stop it? What are the civil and criminal penalties for management actiions?
A:
In California, tenants have certain rights to privacy, and the use of audio and video surveillance by landlords is subject to legal restrictions. Here are some key points:
1. Video surveillance in common areas: Landlords can generally install video cameras in common areas for security purposes, but the cameras should not be pointed directly at tenants' doors or windows in a way that invades their privacy.
2. Audio surveillance: California is a "two-party consent" state, meaning that it is illegal to record confidential audio communications without the consent of all parties involved. Landlords should not use audio surveillance to record tenants' private conversations.
3. Quiet enjoyment: Tenants have the right to "quiet enjoyment" of their rental unit, which means the landlord cannot interfere with their peace, comfort, and privacy.
If you believe that your landlord's use of surveillance is violating your privacy rights, you can take the following steps:
1. Document the situation: Keep a record of the surveillance activities, including dates, times, and specific incidents.
2. Communicate with your landlord: Write a letter to your landlord expressing your concerns and requesting that they stop the invasive surveillance practices.
3. File a complaint: If your landlord does not address your concerns, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or a local fair housing agency.
4. Seek legal advice: Consult with a tenants' rights attorney or legal aid organization to discuss your options and potential legal remedies.
Penalties for illegal surveillance can include:
1. Civil penalties: Tenants may be entitled to monetary damages for violation of their privacy rights.
2. Criminal penalties: Illegal audio recording is a misdemeanor in California, punishable by a fine of up to $2,500 and/or imprisonment for up to one year.
Remember, while landlords have the right to ensure the safety and security of their property, they must do so in a way that respects tenants' privacy rights. If you feel that your rights are being violated, it's important to take action to protect yourself.
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