New York

Last updated: 3/13/2026

This guide is for informational purposes only and does not constitute legal advice. Poker laws vary by jurisdiction and are subject to change. Consult a licensed attorney in your state for specific legal questions about hosting poker games.

Home game poker is legal in New York under Penal Law Section 225.00, which contains one of the clearest social gambling exemptions in the country. New York has a robust gaming industry with commercial casinos, tribal casinos, and racinos, and the state continues to expand its gaming footprint.

Home Games

Explicitly Legal

New York Penal Law Section 225.00 contains an explicit social gambling exemption. Home poker games are legal when conducted in a private setting with no person profiting from hosting. New York has one of the clearest social gambling exceptions in the country.

Conditions

No person may receive any profit from organizing, conducting, or hosting the game other than personal winnings
No player may be charged any fee to participate beyond what is wagered
All participants must be players on equal terms
Game must not be conducted as a business

Age: 18+Confidence: high

Charitable Gaming

Legal - Licensed & Regulated

Charitable gaming is regulated by the New York State Gaming Commission. Qualifying organizations can hold casino nights (Games of Chance) with proper licensing under Article 9-A of the General Municipal Law.

License: RequiredConfidence: high

Commercial Poker

Legal - Licensed & Regulated

New York has commercial casinos (Rivers Casino, Resorts World Catskills, del Lago), tribal casinos (Turning Stone, Seneca Niagara), and racinos. The state issued downstate casino licenses in 2023-2024 for the NYC metro area.

Confidence: high

Key Statutes

Penal Law Section 225.00 — Gambling Offenses - Definitions

Defines contest of chance and explicitly exempts social gambling from criminal gambling statutes

View statute

Racing, Pari-Mutuel Wagering and Breeding Law Article 13 — Gaming Facility Licensing

Authorizes commercial casino gaming in New York

General Municipal Law Article 9-A — Games of Chance

Authorizes charitable gaming events including casino nights

Recent Changes

2025

Downstate casino licensing process continues. Three licenses were issued for NYC metro area locations. Online poker legislation has been proposed but not enacted.

Expanded commercial poker availability in the NYC metro area expected when new casinos open