Are Hidden Cameras Allowed in New York Rentals?

If you rent a home or apartment in New York, privacy is your legal right. But what happens if you suspect your landlord has installed hidden cameras? Many renters are alarmed to discover or even suspect surveillance in their rental. It’s important to know your privacy protections under New York law, especially regarding cameras, audio devices, and landlord access to your leased space.

Your Right to Privacy in New York Rentals

Renters in New York are protected by New York Real Property Law and specific privacy laws that limit a landlord’s ability to monitor tenants within their homes. In general:

• Landlords cannot install or use hidden cameras inside the private living areas of your rental unit, such as bedrooms, bathrooms, or living rooms.
• Any surveillance must respect your right to "quiet enjoyment" and reasonable privacy.
• Exceptions apply only in public or shared areas (e.g., lobby or laundry rooms), where cameras must be visible and disclosed.

Surveillance laws are enforced by both state privacy statutes and housing codes. Hidden cameras in private areas are considered an invasion of privacy and may violate New York Penal Law § 250.45: Unlawful Surveillance.^[1]

When (and Where) Cameras Are Legal or Illegal

• Inside Your Unit (Private Spaces): Hidden or visible cameras are not allowed without written tenant consent. Bathrooms and bedrooms are especially protected.
• Common Areas (Outside Your Unit): Landlords may install cameras in shared hallways, entryways, or laundry rooms, but must notify tenants and post warning signs.

Audio recording devices face even stricter rules. Secretly recording conversations is generally illegal under New York’s wiretapping laws, whether by camera or other devices.

Notice and Consent Requirements

New York landlords must give reasonable notice if any recording or monitoring device is installed in shared or common areas. For inside your unit, they must have your informed and voluntary written consent.

If You Suspect Hidden Cameras

If you believe your landlord has installed unauthorized cameras in your home:

• Document your observations or evidence (take photos, note locations, record dates/times).
• Review your lease for any mention of surveillance or consent.
• Contact your landlord in writing to ask for clarification or demand removal if a camera is present.
• If you feel your privacy has been violated, you may file a complaint with the New York State Homes and Community Renewal (HCR) or contact law enforcement for criminal surveillance.

Relevant Tenant Forms and How to Use Them

• Tenant Privacy Complaint Form (DHCR Form RA-230): Used to report landlord violations of privacy, including unauthorized cameras.
  Example: If you discover a hidden camera in your bedroom, fill out the RA-230 form, provide details and submit it to NYS Division of Housing and Community Renewal (DHCR).
• Request for Inspection Form (NYC HPD): NYC tenants can request a housing inspection if surveillance devices break privacy rights.
  Example: If your landlord refuses to remove a camera after your written request, you can request a City inspection by using the official form at HPD Tenant Services.

Your Next Steps if Your Privacy is Violated

• Contact your landlord in writing first.
• If the issue is not resolved, file a formal complaint with DHCR or your local housing agency.
• Keep all documentation and official responses.
• If you feel unsafe, contact local law enforcement or legal aid for immediate help.

New York’s main tribunal for landlord-tenant disputes is the New York City Housing Court (for NYC) and other county or city housing courts for the rest of the state. For complaints related to privacy in rent-regulated housing, contact the DHCR Office of Rent Administration.

Frequently Asked Questions

1. Can my landlord install cameras in my New York apartment without telling me?
   No. Landlords cannot install cameras inside your private living spaces without your knowledge and written consent.
2. Is it legal for my landlord to have cameras in hallways or shared areas?
   Yes, but the cameras must be disclosed, visibly placed, and not used to record audio without consent.
3. What should I do if I find a hidden camera in my rental?
   Document the device, review your lease, contact your landlord in writing, and consider filing a complaint with New York State Homes and Community Renewal or seeking legal advice.
4. Can my landlord use audio recording along with video cameras?
   Secret audio recording is almost always illegal in New York without prior consent from everyone recorded.
5. Which agency handles tenant privacy and surveillance complaints?
   The New York State Division of Housing and Community Renewal (DHCR) and local housing courts oversee these complaints.

Key Takeaways for New York Renters

• Hidden cameras are not permitted in your private rental space without your consent.
• Landlords must give notice and display any cameras in common areas.
• File a complaint and seek help if you believe your privacy rights are being violated.

Need Help? Resources for Renters

• NYS DHCR Office of Rent Administration – Renters’ rights and complaint forms, including privacy issues
• NYS HCR: Renters & Homeowners – Information on tenant protections and how to get legal help
• New York City Housing Court – For filing or responding to official housing disputes
• NYC 311: Report Housing Complaint – Request a housing inspection for privacy or maintenance issues
• New York City Bar Association Legal Referral – Free or low-cost tenant legal advice

---

1. New York Penal Law § 250.45 – Unlawful Surveillance
2. New York Real Property Law
3. Tenant Privacy Complaint Form (DHCR RA-230)
4. NYC Housing Court
5. NYC HPD Tenant Services

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations