Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

A: I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to the recording. This is known as a "one-party consent" law (New York Penal Law § 250.00). Since you are a participant in the conversation, you have the legal right to record it without the other person's knowledge or consent.

The concept of a "reasonable expectation of privacy" typically applies to places where a person would expect privacy, such as their own home or a private office. In a shared bedroom within a homeless shelter—especially one where staff conduct room checks—the expectation of privacy is limited. Given that the recording was made in a shared space and involved a conversation in which you were a participant, the recording is likely permissible.

Since the recording was legally obtained under New York's one-party consent law, it can be used as evidence when reporting the incident to the police or in court proceedings.

Threatening to harm or kill someone is a serious offense in New York. Such threats can be classified under Menacing in the Third Degree (NY Penal Law § 120.15), which involves intentionally placing or attempting to place another person in fear of physical injury or death. It can also fall under Aggravated Harassment in the Second Degree (NY Penal Law § 240.30), involving communication with the intent to harass, annoy, threaten, or alarm another person.

While it's concerning that shelter staff did not take immediate action, they have a duty to maintain a safe environment for all residents. You may consider escalating the issue by contacting higher-level management or the shelter's administrative office to report the incident formally. Additionally, you can request a room change or ask that the threatening individual be relocated.

To protect yourself further, you should file a police report. Reporting the threats creates an official record and may lead to legal action against the individual. You may also be able to obtain an order of protection or restraining order to legally prevent the individual from contacting or approaching you. It's important to document all incidents, keeping a detailed log of interactions, including dates, times, and witnesses, to support any future legal actions.

Your recording is legally permissible under New York law and can be used as evidence to support your claims. Given the severity of the threats, it's crucial to take immediate steps to protect yourself and your roommate by involving law enforcement and shelter management.

I hope this information is helpful, and I wish you safety and support during this challenging time.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes can vary based on specific circumstances. For personalized guidance, please consult a qualified attorney licensed in New York.