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+

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: Required

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 New York State Gaming Commission awarded the three downstate casino licenses in December 2025 to Bally's (Bronx), Hard Rock's Metropolitan Park at Willets Point (Queens), and Resorts World (Queens); those properties are not yet open.

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

2025-12

The Gaming Commission granted final approval of the three downstate casino licenses in December 2025 (Bally's Bronx, Hard Rock Metropolitan Park, Resorts World Queens), concluding the long-running downstate licensing process.

Future expansion of commercial poker availability in the NYC metro area once the licensed properties open; no immediate change to home game or charitable gaming law

2025-12

New York enacted a ban on dual-currency sweepstakes casino platforms in December 2025, and sweepstakes poker operators withdrew from the state. Online casino/poker authorization bills have been reintroduced but remain unenacted.

Removes the sweepstakes route to online poker-style play; regulated online poker still requires online casino legislation that has not been enacted

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