My landlord asked me to remove a security camera that I had magnetically affixed to the outside of my building, citing the city’s building and rehab code, and the impact the camera has on the other occupants’ privacy. Does anyone know which section of Richmond’s code characterizes a magnetically-affixed, external security camera as a prohibited facade alteration? If so, can you point me to the code in question?
The two issues raised here are interesting… 1) Is there law regulating use of security cameras?, and 2) What are the privacy implications for your neighbors if you have a security camera pointed at the street?
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Jason Sewell liked this on Facebook.
Re: Pointed at the street–> I’d guess that it’s either about drug dealing (people coming and going at all hours), or someone not wanting their neighbor to know when someones’ apartment’s going to be empty..
I would be curious to know whether there’s a law regulating it as well, as we’ve considered installing one in our back yard for some time.
The Supreme Court has ruled that, when in public, not on private property, that people are not afforded a reasonable expectation of privacy. There is a vast amount of case law on the subject.
Re: Virginia landlord tenant laws
http://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-virginia.html
http://www.valegalaid.org/issues/housing/landlord-and-tenant-issues
Unless your lease specifically prohibits it and you don’t have it pointed in your neighbors bedroom window,You are O.K. I would ask my landlord to mail to me the City Code that prohibits a security camera. There is not one. I would also try to determine if there has been a complaint and by whom. I would then try to have a discussion with that person to see what their concerns are and what I could do to make them feel better. It may be that someone has been misinformed or has unfounded or false information.
Security cameras generate a safer environment for all of us and once a crime has been committed, can help catch the little darlings that did it. A good example of this is the spray painting at 1908 East Main St. I doubt that had they known they were being vedio taped, they would have spray painted the brick wall.
Yes there are laws, but, a camera pointing at the street should pose no issues – see below. As far as a the City’s building and rehab “code” regulating the installation of security cameras, never heard of that. “Permits” are necessary if a camera is part of a secured building access, for example. As far as the camera itself, refer to your lease. The building is the landlord’s property. If the camera is there, not permanently attached (screws, etc) it should be no issue as long as you are not breaking any laws or codes by it being there. Kindly ask him or her to produce the codes they are referring to. If it is placed there for your safety or to watch over packages being delivered while you are away hopefully you can work it out. Perhaps you can ask the other occupants to write a letter in support of the camera too.
VA Stat. § 18.2-386.1 – Virginia criminalizes the video surveillance or recording of any person in any state of undress in a place of privacy such as a restroom, locker room, dressing room, hotel room, without that person’s consent. Additionally, Virginia has an Act regarding the collection of private data by the government, for which an opinion was written by the Attorney General stating that a town may conduct and record visual surveillance in a public place (in this case, the town recreation center) so long as signage is posted and the recordings could not be construed as ‘secret’. However, the Attorney General’s official opinions only constitute guidance in regard to a particular question, and don’t have the force of law, nor is it binding in the court.
The Virginia Uniform Statewide Building Code – Rehab code – http://www.dhcd.virginia.gov/images/SBC/CodeBooks/2012%20Virginia%20Rehabilitation%20Code.pdf
The Virginia Uniform Statewide Building Code – Construction code – http://www.dhcd.virginia.gov/images/SBC/CodeBooks/2012%20Virginia%20Construction%20Code.pdf
Teresa Nieding Carrel liked this on Facebook.
There is no expectation of privacy when one is out in public. Unless this camera is aimed at a neighbors window, there isn’t necessarily a privacy issue.
However, your landlord could prohibit attaching anything to the exterior of the building. What does your lease state?
Is the camera only recording the public street and sidewalk or is it recording what happens in the private space of the house (like the yard or porch)? That seems like it could be an issue when relying on the expectation of privacy argument above. But stepping back, I wonder if one of your roommates complained to the landlord?
@Kay9 – Even if the lease states that the tenant will not attach anything to the building and the Landlord appears to be contractually permitted to remove the camera or have the tenant remove the camera, there is also the question of equity. Even if the contract/lease contains a provision barring the tenant from attaching anything to the outside of the building and the lease is itself entirely legal, the tenant in this situation presumably has good reason for having the camera (protecting life and property by deterring crime and/or catching criminal), is not breaking the law, and appears to be able to attach and remove the camera without any harm or even change to the building.
Unless the Landlord has an equally or more important/compelling reason for the camera to be removed (it routinely falls off it’s mount and could hurt someone? The Landlord can show that the camera is actually used to spy on neighbors? I really don’t know what would fly here), I imagine that equity concerns would be more important to a judge or mediator or the like than any lease term barring the tenant from affixing anything to the building.
I wouldn’t press the issue if I were the Landlord in this situation, but I’m an actual landlord, not a lawyer.
Graham White liked this on Facebook.
Sandra Lubbers liked this on Facebook.
As a landlord, I would be glad that you had a camera, especially in church hill. Cameras can really help solve mysteries and or prevent crime within the area of the dwelling.
As someone who had 3 cameras at my house when I lived in church hill, here is my take:
1) Camera’s attached to the outside of building is fair game. The view that it would have would be no different that someone in that public place. I used to have to police come to my house frequently to see if I captured different crimes on my cameras. Now, if they were illegal, I think I would have got in trouble!
2) Your neighbors need to get over it. If they are doing something in their house that is view-able from the street that they don’t want people seeing, the should get blinds. The will be appreciated when you catch the people breaking into their house or stealing their shit.
My guess is you have a neighbor (who is ignorant to the fact of the crime that still happens in this great community) that complained to your landlord . I am a firm believer of more the eyes (or cameras) out there, the better for all.
But, hey, that’s my take..
It has been stated several times that the camera was not “attached” to the building. It is magnetic meaning no screws or glue and suspect, no wires either so there would be no damages. But on the other hand, what is the difference to having a burglar alarm system installed in an apartment? Cameras are often a part of those systems now. I would think the landlord would advocate the use of it for not only your property security but his as well? And the codes seem to only point to actual invasion of privacy while that person is within their own space, not out in public unless they are running naked on the streets? I suspect it is simply a case of a paranoid tenant who is probably even anti-government when it comes down to it?
Also take this into consideration. If you own your property and have security cameras pointing out at angles towards your porch and towards your car on the street, you are bound to capture people walking down sidewalks, coming and going out of their house next door or across the street. Is that invasion of privacy? The same claim this landlord is claiming by a tenant?
Michael Onsel liked this on Facebook.
I just installed a camera system on the exterior of my house. I did not discuss it with my neighbors. Don’t intend to as it is perfectly legal. Next to an alarm system, it is the best deterrent possible. That and my security lights. I don’t spend time looking at my neighbors. I have heard of too many thefts, had my car damaged, etc…, to feel the need to explain my cameras to anyone. Sounds like your landlord needs a backbone. I would insist on the issue especially if you are a single woman living alone.
Deanna Lewis liked this on Facebook.
1. Is there law regulating use of security cameras?
Yes, there is law regulating use of video surveillance. And the law varies from different states. Due to the fact that the OP is living in Richmond, to check out the law in Virginia is needed.
Following page shows every specific law about security camera in different states:
http://www.camerasurveillancesigns.com/where-place-surveillance-cameras.html
Besides, according to the data from http://www.parts-express.com/resources-video-surveillance-law
“In general, it’s illegal to obtain video surveillance of someone with malicious purposes and take video surveillance of an individual in a place of ‘expected privacy’ ”
It will be considered illegal to place a camera pointed to someone’s
• Bedrooms
• Bathrooms
• Locker Rooms
• Dressing Rooms
• Changing Rooms
• Hotel Rooms
• Showers
But the OP said that the camera was put magnetically affixed to the outside of his building, and it is used to view the exterior situation, I personally believe that is totally fine.
2. What are the privacy implications for your neighbors if you have a security camera pointed at the street?
Personally speaking, this is a legal & fair to place a camera outside. People could not view the neighbor’s house through the camera anyway. There is not code suggests that people have to remove camera in the public spaces.
Check out the resource and it comes up with some points about where you can put you camera outside& inside.
https://www.hg.org/article.asp?id=35154
However, sometimes cameras do cause misunderstanding. For example, you have a PTZ camera and it accidentally shoots the video of your neighbor’s house while it pans. Although you are not intend to do that, and your neighbor may worry about the potential privacy invasion.
You see the difference between security cameras.
https://reolink.com/bullet-dome-ptz-security-cameras/
I have two, one in the front and one in the back. There are no city codes or laws against this. I did notice the riffraff moved out shortly after I had them installed. It’s nice and quiet around here now. 🙂 I’m the owner.
Ignoring the obvious here but is it possible that your landlord (for whatever reason) is making unannounced/unauthorized visits to the apartments and would rather not have a video of him coming and going?
As a rental property owner my thinking is that in a multi unit property the exterior is not part of the rental agreement. I don’t permit political signage, etc. Cameras are a good idea but it can get complicated picking and choosing what can or cannot be on the exterior. Possibly a camera could be inside the apartment pointed out the window.
It seems to me that if your landlord is going to take down a form of security, it’s their responsibility to provide some sort of security for you in place of it; perhaps live monitoring or a guard patrol. Everyone has the right to feel secure where they live! And patrol services prevent crimes and vandalism that can be costly for landlords, so it benefits them as well.
Can a landlord have a security system put on a unit which allows them unlimited access to see when tenant comes and goes?
idk that’s what i would like to know