kristinaaahh's Identifications

Sorry for the bad pictures, it is very small and my apartment is dark. These are flying in my apartment and I can’t get rid of them. I would assume it was a fruit fly, but regular fruit fly treatments aren’t working on them and they look darker from fruit flies I have seen in the past (this is dark brown, or maybe black). Wanted to confirm if it was a fruit fly or not. Size is about 1mm.