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

New York permits security cameras in common areas and public-facing spaces on your property. Secretly recording someone in a bathroom, bedroom, or changing room without their knowledge or consent, for no legitimate purpose, is unlawful surveillance under Penal Law 250.45. Security cameras that capture audio must stay within the eavesdropping law (Penal Law 250.05, which uses the one-party consent standard defined in Penal Law 250.00), meaning at least one party to any recorded conversation must consent.

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 secretly recording people in private spaces like bathrooms, bedrooms, and changing rooms without their knowledge or consent, for no legitimate purpose, 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, do not 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

Surreptitiously recording someone in these locations without their knowledge or consent, for no legitimate purpose, is unlawful surveillance in the second degree under Penal Law 250.45, a Class E felony. The same statute also covers secretly recording a person dressing, undressing, or their intimate parts where they expect privacy when done for amusement, profit, sexual gratification, or to degrade or abuse them.

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, New York does not recognize common-law invasion-of-privacy claims (Howell v. New York Post Co., 1993), so a neighbor's remedies come from specific statutes. Since 2017, Civil Rights Law 52-a has let a homeowner or tenant sue a person who installs a video camera on neighboring property to record activities in their backyard without written consent, but only when the camera was put there with intent to harass, annoy, or alarm, or to threaten a person or property.

Repeatedly aiming a camera at a neighbor to harass them can also support a harassment charge, and a camera that secretly records someone undressing, or records inside a bedroom or bathroom, can be unlawful surveillance under Penal Law 250.45.

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

Secretly recording people in these areas without their knowledge or consent can be unlawful surveillance under Penal Law 250.45, for example recording in a restroom, changing room, fitting room, or shower for no legitimate purpose, or recording someone undressing for an improper purpose. It is a Class E felony carrying up to 4 years in prison.

For employers there is also a flat rule. Labor Law 203-c bars an employer from causing a video recording to be made of an employee in a restroom, locker room, or room designated for changing clothes unless a court orders it, and lets the employee sue for damages, attorney's fees, and an injunction. That rule applies even to a visible camera with a posted notice, which can otherwise fall outside the unlawful surveillance statute under Penal Law 250.65.

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 should not 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 a hidden camera there, especially in a bedroom or bathroom, can violate 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 that secretly record guests in bedrooms, bathrooms, or other private spaces of a short-term rental can be unlawful surveillance under New York law. Guests in any room assigned to them have a reasonable expectation of privacy. Platform rules are stricter than the statute: Airbnb (since April 30, 2024) and Vrbo ban cameras inside a listing even when they are disclosed. Hosts must:

• Disclose every outdoor camera in the listing and keep it from monitoring indoor spaces
• Never place cameras anywhere inside the listing (bedrooms, bathrooms, and living areas alike)
• 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

If your building is a designated New York City landmark or is in a historic district, the Landmarks Preservation Commission must approve exterior security cameras. Under the criteria LPC staff use to approve camera permits, cameras must be well spaced to avoid a cluttered appearance, and:

• 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 are permit rules for landmark properties, and a proposal that does not meet them can still go to the full Commission for review. They are not a citywide cap on cameras for other buildings.

Voluntary Camera Registry

The New York State Division of Homeland Security and Emergency Services (DHSES) runs a voluntary online surveillance camera registry for homeowners and businesses. When you register, you consent to DHSES sharing your contact information and camera location with law enforcement agencies on written request, solely in the course of a criminal investigation. You can ask DHSES in writing to remove your listing.

Registering does not hand over your footage. Police who want to see it still generally need your consent, a subpoena or court order, or an emergency exception, as explained below. Bills to create a New York City camera registry (the Safe Streets Security Camera Registry Act) have been introduced in the state legislature several times but have not become law.

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)
• Do not rely on a sign for audio. A sign does not by itself make audio recording lawful: the eavesdropping law requires the consent of at least one person in the conversation, and no New York statute treats a posted notice as that consent
• 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

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See Also

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Frequently Asked Questions

Are security cameras legal in New York?

Yes. New York law permits security cameras on your own property and in common areas of businesses and residential buildings. The key restriction concerns areas where people have a reasonable expectation of privacy, such as bathrooms, bedrooms, changing rooms, and fitting rooms. Secretly recording people in those locations without their knowledge or consent, for no legitimate purpose, can be unlawful surveillance under Penal Law 250.45, a Class E felony.

Can my landlord install security cameras in my apartment building in New York?

Your landlord can install cameras in common areas like lobbies, hallways, stairwells, and parking areas. They should not install cameras inside your apartment, aimed at your windows, or in any area where tenants have a reasonable expectation of privacy, and secretly recording you in your bedroom or bathroom can be unlawful surveillance under Penal Law 250.45. If you discover a camera inside your unit, contact law enforcement.

Do I need to post signs about security cameras in New York?

New York does not have a general legal requirement to post signs about video-only security cameras. However, a sign does not make audio recording lawful. Recording conversations you are not part of requires the consent of at least one participant under the eavesdropping law, and no New York statute treats a posted notice as that consent, so turn off audio on cameras that pick up other people's conversations.

Can security cameras in New York record audio?

Security cameras can record audio, but doing so creates additional legal risk. New York's eavesdropping law (Penal Law 250.05, using the definitions in Penal Law 250.00) requires at least one party to a conversation to consent to its recording. If a security camera records conversations between people and the camera operator is not a participant, the audio component could constitute eavesdropping. The safe course is to disable audio on cameras that pick up conversations you are not part of; posting a notice does not by itself supply the consent the law requires.

Are hidden cameras legal in Airbnb rentals in New York?

No. Hidden cameras that secretly record guests without their knowledge or consent in bedrooms, bathrooms, or other private areas of a rental can be unlawful surveillance under Penal Law 250.45. Airbnb and Vrbo ban cameras inside a listing and require outdoor cameras to be disclosed. Undisclosed cameras, especially in private areas, can result in Class E felony charges and removal from hosting platforms.