Is gambling legal in NY? New York gambling laws, vertical by vertical
New York took $26.3 billion in mobile sports bets in 2025 and taxes the operators at 51%. Online casinos, online poker and sweepstakes casinos are still illegal. Here's where every form of gambling stands in October 2026.
New York gambling laws at a glance
Gambling is legal in New York, but only in licensed forms. Sports betting, horse racing, daily fantasy sports, the lottery and retail casinos are all legal and regulated. Online casinos, online poker and sweepstakes casinos are not.
| Vertical | Status | Since | Regulator | Legal options |
|---|---|---|---|---|
| Sports betting | Legal (mobile and retail) | Retail 2019, mobile Jan. 8, 2022 | NYSGC | 8 live mobile apps, casino sportsbooks |
| Horse racing | Legal | Decades (pari-mutuel) | NYSGC | Tracks, OTBs, licensed ADW apps |
| Daily fantasy sports | Legal | 2016 | NYSGC | 13 permitted operators |
| Pick’em | Restricted | Prop-style banned Oct. 2023 | NYSGC | Peer-to-peer formats only |
| Lottery and couriers | Legal | 1967 | NYSGC | Retail tickets, licensed couriers |
| Retail casinos | Legal | Commercial law 2013 | NYSGC, tribal compacts | 5 commercial, tribal casinos, 8 VLT sites |
| Online casino | Not legal | — | — | None in NY |
| Online poker | Not legal | — | — | Live poker rooms |
| Sweepstakes casinos | Banned | Dec. 5, 2025 | NYSGC, AG, State Police | None |
| Prediction markets | Disputed in court | — | CFTC vs. NY | Under litigation |
| Esports betting | No approved events | — | NYSGC | None |
| Social casinos (no cash prizes) | Legal | — | — | Coin-only apps |
NYSGC is the New York State Gaming Commission, which regulates nearly all legal gambling in the state.
Sports betting: legal, licensed and taxed at 51%
Retail sportsbooks opened at upstate casinos in 2019, and mobile betting launched on Jan. 8, 2022. The NYSGC lists 9 licensed mobile operators, but 8 are live: FanDuel, DraftKings, BetMGM, Caesars, BetRivers, Fanatics, theScore Bet and Bally Bet. Resorts World Bet stopped taking bets in June 2025.
You must be 21 and physically in New York. Bets on New York college teams, college player props and high school events are banned. Compare the apps in our NY sportsbook rankings.
Horse racing: the one form of online betting open at 18
Pari-mutuel betting at tracks such as Belmont Park, Saratoga and Yonkers is legal, and so are advance-deposit wagering (ADW) apps. According to the NYSGC’s September 2026 market report, New Yorkers bet about $52 million through out-of-state ADWs that month, led by TVG and TwinSpires. NYRA Bets, run by the New York Racing Association, is the in-state option.
The rebuilt Belmont Park reopened on Sept. 18, 2026, and hosts the Belmont Stakes again in 2027. See online horse betting in NY.
Daily fantasy sports and pick’em: what’s allowed
New York legalized interactive fantasy sports in 2016, and the NYSGC lists 13 permitted operators, including DraftKings, FanDuel, PrizePicks, Underdog and Yahoo. The minimum age is 18.
Pick’em is tighter. Since rules adopted on Oct. 3, 2023, contests that mimic proposition betting, such as over/under picks on a player’s stat line, are prohibited. PrizePicks returned in February 2026 with a peer-to-peer format. Underdog relaunched draft-style contests in May 2025. Details are in our NY DFS guide.
Lottery and courier apps: the rules
The NY Lottery has run since 1967. It doesn’t sell tickets online directly, but courier services that buy tickets on your behalf are legal and regulated under the NYSGC’s rules at 9 NYCRR Part 5014. Those rules cover licensing, daily limits, self-exclusion and responsible-play warnings. Lottery tickets are 18+, and Quick Draw is 21+.
Retail casinos: 5 commercial, plus tribal casinos and racinos
Voters approved commercial casinos in 2013. Four upstate casinos opened between 2016 and 2018: del Lago, Resorts World Catskills, Rivers Schenectady and Tioga Downs.
In December 2025, the state licensed three NYC-area casinos. Resorts World NYC in Queens opened live tables on April 28, 2026. Hard Rock Metropolitan Park in Queens and Bally’s Bronx are expected around 2030.
The Seneca Nation, Oneida Indian Nation and St. Regis Mohawk Tribe run casinos under state compacts. Eight video lottery (VLT) facilities, including Empire City in Yonkers, offer slot-style machines.
Online casinos and online poker: still illegal
No real-money online casino or poker site is licensed in New York. Sen. Joseph Addabbo Jr.’s bill S2614 would have legalized both for players 21 and over, with a 30.5% tax, but it died in committee when the 2026 session ended June 4. The full story is in our New York online casino guide and our NY online poker guide.
Sweepstakes casinos: banned since December 2025
Gov. Kathy Hochul signed S5935A on Dec. 5, 2025, and it took effect immediately. It bans dual-currency sweepstakes games with cash prizes. Fines run $10,000 to $100,000 per violation and apply to operators, suppliers, payment processors and media affiliates. See our NY sweepstakes ban guide.
Prediction markets: in court
New York says sports and election event contracts are illegal gambling. The state has sued Kalshi, Polymarket, Coinbase and Gemini, and the CFTC has sued New York. A federal judge denied Kalshi an injunction in July 2026, and the appeal is pending in the Second Circuit. Our prediction markets guide tracks every case.
Esports betting and social casinos in NY
New York’s sports wagering law covers “any professional sport or athletic event” and “any collegiate sport or athletic event.” It doesn’t mention esports, and we found no NYSGC approval of any esports event for wagering.
Social casino apps that use coins with no cash prizes generally fall outside New York’s gambling definition, which turns on the chance to win “something of value.” The sweepstakes ban applies only where coins can be redeemed for cash or cash-equivalent prizes.
How old do you have to be? 21, 18, or both
The legal age depends on the product, and sometimes on the venue.
| Activity | Minimum age |
|---|---|
| Sports betting (mobile and retail) | 21 |
| Commercial casinos | 21 |
| Quick Draw | 21 |
| VLT facilities (racinos) | 18 |
| Oneida Nation casinos (Turning Stone, YBR, Point Place) | 18 |
| Akwesasne Mohawk Casino Resort | 18 |
| Seneca Nation casinos | 21 |
| Lottery tickets | 18 |
| Daily fantasy sports | 18 |
| Horse racing | 18 |
Sen. Addabbo’s S2610 would raise the age at VLT facilities to 21, but it was still in committee in 2026.
The sports betting tax: why Albany takes 51% of every dollar
New York taxes mobile sports betting at 51% of gross gaming revenue, one of the highest rates in the country. The money goes to education aid, with $5 million a year set aside for youth sports and $6 million for problem gambling programs.
It’s a big number. Calendar 2025 handle reached about $26.3 billion, producing roughly $2.55 billion in revenue and about $1.32 billion in state tax, according to NYSGC data and trade press. The rate didn’t change in 2025 or 2026.
You pay no direct tax on bets, but winnings count as taxable income for federal and New York purposes.
Advertising rules: no “free,” no “risk-free”
The NYSGC’s advertising rules, adopted on Oct. 3, 2023, apply to operators and affiliates alike. They:
- Ban the words “free,” “cost-free” and “free of risk” when describing offers.
- Ban false, deceptive or misleading claims.
- Ban ads aimed at people under 21 or designed to appeal to minors.
- Restrict ads and promotions on or near college campuses.
A 2024 law also requires every gambling ad to warn of potentially addictive effects and show the problem gambling hotline. On Oct. 9, 2026, the NYSGC advanced a proposed rule to bar sportsbooks, affiliates and vendors from using AI to personalize promotions. It isn’t final.
Self-exclusion: 1, 3 or 5 years, or lifetime
The NYSGC’s Voluntary Self-Exclusion program bars you from sports betting, casinos, VLTs, horse racing, the lottery, DFS and charitable gaming at once. You choose 1, 3 or 5 years, or a lifetime ban.
You enroll in person at a gaming facility, by notarized mail, or at the NYSGC in Schenectady. Any winnings during the exclusion are forfeited. Step-by-step help is in our responsible gambling guide.
Physically in New York: the location rule behind every app
New York regulates where you are, not where you live. A mobile sports bet counts as legal only if you’re physically in the state when you place it, so every licensed app checks your location before it accepts a wager.
That cuts both ways. A visitor from New Jersey can bet on a New York app while in Manhattan. A New Yorker on a trip to Atlantic City can use New Jersey’s online casinos, which are illegal back home. The same rule shuts off a New Jersey casino app the moment you cross back over the Hudson.
Empire State betting rules to watch in 2027
Several changes are in play, and none is final yet:
- Online casinos and poker: S2614 died with the 2026 session. Sen. Addabbo is widely expected to file a new version when the 2027 session opens in January.
- Prediction markets: the ORACLE Act, S9414, would ban sports, political and other event contracts for New Yorkers and set the age at 21. It cleared committee 6–0 in May 2026 but didn’t pass.
- VLT age: S2610 would raise the minimum age at VLT facilities from 18 to 21.
- Bet types: Assembly bills A9343 and A9636 would end in-play betting or limit wagers to final results. The NYSGC has also been reviewing player props and same-game parlays since November 2025. At its March 16, 2026, meeting, its chair said the Commission could consider banning prop bets entirely if leagues didn’t engage.
- Sportsbook oversight: on Oct. 9, 2026, the NYSGC advanced proposed at-risk patron rules and a ban on AI-personalized promotions. Draft rules on biometric ID checks and age assurance were released earlier in 2026.
- Tribal gaming: the Seneca Nation’s compact with the state remained unresolved in October 2026, with both sides publicly disputing whether a deal exists.
Each would need a vote, a signature or a final rule before it changes what you can legally play.
Is gambling legal in NY? FAQ
What forms of gambling are legal in New York?
Yes, in licensed forms. Sports betting, horse racing, DFS, the lottery and retail casinos are legal. Online casinos, online poker and sweepstakes casinos are not.
Is online sports betting legal in NY?
Yes. Mobile sports betting has been legal since Jan. 8, 2022, and 8 licensed apps are live. You must be 21 and physically in New York.
What is the gambling age in New York?
It’s 21 for sports betting, commercial casinos and Quick Draw, and 18 for the lottery, DFS, horse racing and VLT facilities. Tribal casinos vary: the Oneida and Akwesasne Mohawk casinos admit gamblers at 18, the Seneca casinos at 21.
Does New York allow online gambling?
Partly. Online sports betting, horse racing (ADW) and DFS are legal. Online casinos and poker are not.
Are sweepstakes casinos legal in NY?
No. They’ve been banned since Dec. 5, 2025.
Can you bet on college sports in New York?
Yes, except games involving New York college teams, wherever they’re played. College player props are also banned.
21+ and physically in New York. Gambling problem? Call or text 1-877-8-HOPENY (467369).