New York Security Camera Laws: Rules for Homes, Businesses, and Rentals

New York law permits the use of security cameras in a wide range of settings but places strict limits on where cameras can be positioned. The core principle is straightforward: you can record in areas where people do not have a reasonable expectation of privacy, but placing cameras in private spaces like bathrooms, bedrooms, and changing rooms is a felony under Penal Law Section 250.45.

This guide covers the rules for residential security cameras, business and commercial surveillance systems, rental property restrictions, New York City-specific regulations, and how audio recording by security cameras interacts with the state's eavesdropping laws.

Residential Security Cameras

Your Right to Install Cameras at Home

Homeowners in New York have broad rights to install security cameras on their own property. You can place cameras:

• Outside your home (front door, backyard, garage, driveway)
• In common living areas (living room, kitchen, hallway)
• On your porch, deck, or patio
• Facing public streets, sidewalks, and shared areas
• In a home office or workshop

Doorbell cameras (Ring, Nest, Arlo) that capture video of visitors and activity near your entrance are legal. Interior cameras used for home security monitoring are also permitted in common areas.

Where Residential Cameras Are Prohibited

Even in your own home, you cannot place cameras in areas where people have a reasonable expectation of privacy:

• Bathrooms and powder rooms used by guests or household members
• Guest bedrooms when guests are staying (a camera in a bedroom used only by you is your own choice, but hosting guests changes the analysis)
• Changing areas or any space where someone would reasonably expect to undress in privacy

Placing a camera in these locations constitutes unlawful surveillance in the second degree under Penal Law 250.45, a Class E felony.

Cameras Facing a Neighbor's Property

New York law does not broadly prohibit security cameras that capture portions of a neighbor's property. A camera positioned on your home that incidentally records part of a neighbor's yard or driveway is generally acceptable, especially if the camera's primary purpose is monitoring your own property and the adjacent public area.

However, intentionally aiming a camera at a neighbor's private spaces (windows, backyard areas with privacy fencing) could support claims of harassment, nuisance, or invasion of privacy under common law. A 2017 New York law strengthened protections by allowing homeowners to sue neighbors who secretly record recreational activities in their backyards.

Nanny Cams and Home Monitoring

You can use hidden cameras (nanny cams) to monitor childcare providers and other workers in the common areas of your home. Key rules:

• Place cameras only in common areas (living room, kitchen, playroom), not in bathrooms or the caregiver's private sleeping quarters
• If the camera records audio, be aware that one-party consent applies. Audio recording of conversations you are not part of could raise eavesdropping issues
• Video-only cameras in common areas are the safest approach for monitoring

Business and Commercial Security Cameras

Standard Business Surveillance

New York businesses can install security cameras for loss prevention, employee safety, and general security. Permitted locations include:

• Retail sales floors and checkout areas
• Entrances, exits, and parking lots
• Warehouses, loading docks, and storage areas
• Hallways, lobbies, and reception areas
• Common workspaces and open-plan offices

Prohibited Camera Locations in Businesses

Businesses cannot place cameras in:

• Employee restrooms and bathrooms
• Locker rooms and changing areas
• Fitting rooms in retail stores
• Shower facilities
• Lactation and nursing rooms
• Any other area where employees or customers have a reasonable expectation of privacy for disrobing

Violating these restrictions is unlawful surveillance under Penal Law 250.45, a Class E felony carrying up to 4 years in prison.

Employee Notice Requirements

If security cameras in the workplace capture employee communications (phone conversations, for example), Civil Rights Law Section 52-c requires the employer to provide written notice about electronic monitoring upon hiring. While Section 52-c focuses primarily on telephone, email, and internet monitoring, employers who use security cameras with audio capabilities should consider providing notice to comply with the spirit of the law.

Rental Property Security Cameras

Landlord Camera Placement

Landlords in New York can install security cameras in common areas of residential buildings:

• Building entrances and lobbies
• Hallways and stairwells
• Parking garages and lots
• Laundry rooms and shared utility spaces
• Mail rooms and package delivery areas
• Exterior areas of the building

Where Landlord Cameras Are Prohibited

Landlords cannot install cameras:

• Inside individual tenant apartments or units
• In areas that tenants use for private activities (some courts have examined whether laundry rooms with changing areas qualify)
• Aimed directly at a specific tenant's windows or private outdoor space (such as a balcony)
• In any room assigned to guests in a hotel, motel, or bed-and-breakfast

A tenant who discovers a landlord camera inside their apartment should contact law enforcement, as this likely violates the unlawful surveillance statute.

Tenant Rights Regarding Surveillance

Tenants in New York have the right to:

• Install their own security cameras inside their rental unit (subject to lease terms about physical modifications)
• Install doorbell cameras at their unit entrance (though the landlord may restrict physical alterations to common hallways)
• Request information about building security camera systems
• Report cameras placed in inappropriate locations

Short-Term Rental Cameras (Airbnb, VRBO)

Hidden cameras in short-term rental properties are illegal. Guests in any room assigned to them have a reasonable expectation of privacy. Both Airbnb and similar platforms have their own policies requiring disclosure of all cameras on the property. Hosts must:

• Disclose all cameras (including outdoor cameras) in the listing
• Never place cameras in bedrooms, bathrooms, or sleeping areas
• Ensure disclosed cameras are visible and not hidden

Violations can result in felony charges under New York law and removal from hosting platforms.

New York City-Specific Regulations

Camera Installation Limits

New York City imposes limits on the number of exterior security cameras on buildings based on building size and street frontage:

• Small residential or commercial buildings: No more than two security cameras for every 25 feet of street frontage
• Large residential, commercial, and institutional buildings: No more than three security cameras for every 25 feet of street frontage

These limits apply to cameras with fields of view capturing public spaces such as sidewalks.

NYPD Camera Registry

New York City has developed a security camera registry and database for privately owned cameras with fields of view that capture public spaces. The registry program is designed so that:

• Property owners can voluntarily register cameras that view public areas (sidewalks, building lobbies, courtyards, vestibules)
• When a crime occurs near a registered camera, the NYPD can quickly identify camera locations and owners
• Police must obtain the consent of the camera owner to view footage, or obtain a subpoena for production

This program is voluntary, and property owners are not required to participate. However, participation can aid law enforcement investigations in the surrounding area.

NYC Building Code Considerations

New York City building codes may impose requirements on security camera installations, particularly for commercial properties. Cameras mounted on building exteriors must comply with signage and installation standards. The Landmarks Preservation Commission may also review camera installations on historically designated buildings to ensure they do not alter the building's appearance in a prohibited way.

Audio Recording by Security Cameras

When Audio Creates Legal Risk

Many modern security cameras include microphone capabilities. In New York, audio recording by security cameras raises separate legal concerns under the eavesdropping statutes:

• Video-only recording in common areas is generally low risk
• Audio recording of conversations triggers the one-party consent rule
• If a security camera captures conversations between people who are unaware of the recording, and the camera operator is not a party to those conversations, the audio component could constitute eavesdropping

Best Practices for Security Camera Audio

To reduce legal exposure when using security cameras with audio:

• Disable audio recording on security cameras placed in areas where you will not be participating in conversations (parking lots, building exteriors, common hallways)
• Post signage notifying people that audio and video recording is in progress ("This area is under audio and video surveillance")
• If you need audio, limit it to areas where you regularly participate in conversations (your own office, a reception desk where you work)
• In businesses, consider whether the audio recording triggers Civil Rights Law Section 52-c notice requirements

Data Retention and Privacy

How Long to Keep Security Camera Footage

New York does not have a general statute requiring specific retention periods for security camera footage. However:

• Some industries have regulatory retention requirements (financial institutions, healthcare facilities)
• Insurance companies may recommend retaining footage for 30 to 90 days
• If you become aware that footage is relevant to a legal dispute or investigation, you have a duty to preserve it
• Destroying footage that is subject to a preservation obligation can result in adverse legal consequences (spoliation sanctions)

Access to Security Camera Footage

Property owners control access to their own security camera footage. Law enforcement seeking footage from a private security camera must:

• Obtain consent from the camera owner, or
• Obtain a subpoena or court order requiring production, or
• In exigent circumstances, access footage under applicable emergency exceptions

You are not required to turn over security camera footage to police upon request without a legal process, though cooperation is often in your interest.

Federal Considerations

No federal law specifically governs residential or commercial security cameras. Federal law becomes relevant when:

• Security cameras are used by federal agencies or on federal property
• Audio recording by cameras implicates the federal Wiretap Act (18 U.S.C. 2511)
• Cameras capture protected areas in ways that trigger Fourth Amendment concerns (government surveillance)
• Workplace cameras create issues under federal employment law (NLRA, OSHA)

More New York Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

Back to New York Recording Laws