Massachusetts Laws on Surveillance Cameras in Common Areas

Many Massachusetts renters are concerned about security but also value their privacy, especially in shared areas of an apartment building. If you’re wondering about the rules for surveillance cameras in common spaces, it's important to know how state law protects both your safety and privacy. This article explains what Massachusetts law says about landlord-installed cameras in places like hallways, entryways, laundry rooms, or parking areas.

Can Landlords Install Surveillance Cameras in Common Areas?

Massachusetts law does allow landlords to use surveillance cameras in "common areas" (areas shared by all tenants), such as building entrances or laundry rooms. However, there are important restrictions to protect your privacy:

• No Cameras in Private Spaces: Cameras are strictly prohibited in any area where tenants expect privacy—such as inside apartments, bathrooms, or changing rooms.
• Reasonable Use: Cameras must be used for legitimate security purposes, not to spy on or harass tenants.
• Audio Recording: Massachusetts is a "two-party consent" state. Recording audio requires the consent of everyone being recorded, even in common areas. Mere video surveillance (without sound) usually does not require consent, but landlords should provide notice if cameras are present.^[1]

Spaces That Are Protected

Massachusetts protects your privacy in places where you have a reasonable expectation to be alone. This means landlords cannot place cameras in:

• Inside your apartment unit (including doors and windows looking in)
• Bathrooms or shower rooms in any part of the building
• Locker rooms or areas used for changing clothes

Required Notices and Best Practices

While Massachusetts law does not require landlords to give written notice before installing cameras in common areas, it is considered best practice to notify tenants. Many landlords post signs around the building to inform everyone of video surveillance.

What to Do If You Have a Privacy Complaint

If you believe a camera has been placed in a location protected by law, you can take action:

• Document: Take photos of the camera and note its location, date, and time if possible.
• Raise the Issue in Writing: Contact your landlord with your concerns. You may wish to use the Tenant Complaint Form available from Massachusetts Department of Housing and Community Development (DHCD) for formal complaints.
• Contact the Housing Court: If the issue isn’t resolved, you can file a complaint with the Massachusetts Housing Court, the tribunal responsible for tenant-landlord matters in Massachusetts.

Relevant Forms and How to Use Them

• Tenant Complaint Form: Used to report suspected violations of privacy, including illegal surveillance in private areas. You can find guidance and forms at the Massachusetts DHCD - Tenant Rights and Resources page. Example: If you discover a hidden camera pointing inside your apartment, submit this form to the DHCD to start a formal investigation.
• Housing Court Complaint: If mediation or landlord response fails, you may initiate a case in the Housing Court. The process and necessary forms are outlined on their official site.

What Massachusetts Law Says About Surveillance

The key statutes covering rental privacy and surveillance are:

• Massachusetts General Laws Chapter 272, Section 99—prohibits recording or intercepting oral (audio) communications without all parties’ consent.
• Massachusetts General Laws Chapter 186—covers landlord and tenant relationships, including obligations for habitability and quiet enjoyment.

Summary: Landlords can use video surveillance for legitimate reasons in common areas, but they must never invade a tenant’s private space and cannot record audio without clear consent.

Frequently Asked Questions

1. Can my landlord put cameras in the hallway or laundry room?
   Yes, Massachusetts law permits landlords to place cameras in shared common areas like hallways and laundry rooms, but cameras are prohibited in private spaces and should not record audio without consent.
2. Do landlords have to tell tenants about security cameras?
   No, there is no legal requirement for written notice or posted signs, but it is considered good practice to notify tenants that cameras are present.
3. Is audio recording allowed on these cameras?
   No, audio recording is generally prohibited without the consent of everyone being recorded since Massachusetts is a two-party consent state.
4. What do I do if I find a camera in a place where I expect privacy?
   Document the situation, contact your landlord in writing, and if not resolved, file a complaint with the Massachusetts Housing Court or contact the DHCD.
5. Who enforces tenant privacy issues in Massachusetts?
   The Massachusetts Housing Court and the DHCD are responsible for enforcing tenant privacy and addressing complaints.

Key Takeaways for Massachusetts Renters

• Landlords can use cameras in common areas for security but never in private spaces.
• All audio recording requires consent from those being recorded.
• If your privacy is violated, formal complaint forms and the Housing Court can help protect your rights.

Understanding your rights regarding surveillance in shared spaces is critical for feeling secure in your home and knowing what to do if you think your privacy has been breached.

Need Help? Resources for Renters

• Massachusetts Housing Court – Handles tenant privacy complaints and landlord-tenant disputes.
• Massachusetts Department of Housing and Community Development (DHCD) – Tenant Rights and Resources
• Massachusetts General Laws Chapter 186: Landlord and Tenant Law

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1. MGL Ch. 272 §99 - Interception of wire and oral communications
2. MGL Ch. 186 - Landlord and Tenant Law

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