Is Online Gambling Legal in New York?

What Gambling Is Legal in New York

Is online gambling legal in New York? Yes, but with certain restrictions. Online sports betting has been legal since January 2022, with eight licensed operators offering it via an app, website, or through retail sportsbooks. Here’s what’s still not legal: poker and online casinos, despite years of legislative support.

Sports Betting in New York

The state formally authorized sports betting in the FY2022 state budget and launched it in January 2022. The state approved retail sports betting in 2013 and launched it in 2019. Nine licensed mobile operators participated upon launch, including FanDuel and DraftKings, offering online/mobile and retail sports betting. 

The state requires players to be 21+ to register and bet, 18+ for lottery and pari-mutuel wagering, and bars in-state college teams. New York’s sports betting market is one of the biggest- the state processed over $26 billion in wagers in 2025, roughly 16% of the country’s total.

New York Online Casinos

Online casinos aren’t legal in New York, with Senator Joseph Addabbo Jr.’s SB S2614 as the most recent legislative push. New York licenses tribal and commercial casinos on land, but has never permitted table games or online slots. Also, sweepstakes casinos are officially off-limits to residents as of December 2025, and this ban extends to media affiliates.

Daily Fantasy Sports in New York

Daily fantasy sports is available in New York after Governor Cuomo approved statute (S. 8153) on August 4, 2016. The law clarified that DFS is a “game of skill” and established its regulation and registration through the New York State Gaming Commission, subject to a 15% tax on gross gaming revenue. The service is available to bettors 18+ years old and includes access to a self-exclusion service.

Prediction Markets: Federal, Not State

Participating in prediction markets is legal in New York, but it’s within CFTC’s oversight. 

How Old Do You Have to Be to Gamble in New York

Age requirement varies by gambling activity. For sports betting and tribal casino gaming, players must be 21+ to participate. For state lottery and DFS, bettors must be at least 18 to register an account. Unlike in New Mexico and other states, the 18+ age floor isn’t just an operator policy, but a legal requirement.

Who Regulates Gambling in New York

Gambling in New York is overseen entirely by one regulator: the New York State Gaming Commission, unlike the split system in tribal-compact states like New Mexico.

The New York State Gaming Commission

The New York State Gaming Commission (NYSGC) acts as the state’s chief regulator, overseeing all forms of legal gambling, including sports betting and commercial casinos. It approves new licenses, enforces consumer protection laws, and monitors the operators’ compliance with the state’s 51% sports betting tax. Tribal gaming is beyond the commission’s scope, and tribal-state gaming agencies regulate it under tribal-state contracts.

How to File a Complaint

For complaints about suspected illegal gambling or unfair practices, residents can contact NYSGC directly through its complaint form. You can submit this by mail, fax, or email (charitablegaming@gaming.ny.gov) for charitable gaming. Players must include the required attachments or supporting evidence, such as photos or screenshots of transactions. 

Filed complaints and reports are subject to the state’s Freedom of Information Law, which means the data may be shared with other agencies as part of an investigation.

Where to Get Help in New York

New York players struggling with problem gambling can contact the NY HOPEline 24/7 at 1-877-8-HOPENY (1-877-846-7369), or text “HOPENY” to 467369 for free, private treatment referrals. Under their licensing agreements, all operators must publicly share this local number on their websites as part of the Responsible Gambling initiatives.

Where to Bet in New York

The state’s regulated betting landscape runs through licensed sites and mobile platforms. Here’s exactly where you’re allowed to bet if you’re from New York.

Sportsbooks in New York

Currently, eight online sportsbooks are active in the state, including DraftKings, FanDuel, and BetMGM, after WynnBET exited. Sports betting is available via mobile app or website, and retail betting is also allowed. Players must be 21+ to join, and in-state college teams are not listed in the betting markets. 

Interestingly, the state boasts the highest tax rate- at 51% of the gross gaming revenue, effectively limiting the available bonuses for players.

DFS in New York

Daily Fantasy Sports has been legal and regulated since 2016, and it's considered a “game of skill” and not a form of gambling. Players must be 18+ years of age to register an account and place bets. 

Prediction markets, on the other hand, remain accessible, but the state is actively questioning their legality.

What Is Not Available Here

Real-money casinos and online poker remain restricted in the state, despite repeated legislative campaigns. The latest effort was Senate Bill S2614, which failed to generate enough votes before the 2026 session adjourned. Sweepstakes casinos are now inaccessible after the state approved its ban in 2025.

Tax on Gambling Winnings in New York

Gambling winnings in the state are taxed as ordinary income, with a top marginal rate of 10.90%, the third-highest in the US, after California and Hawaii. New York’s tax structure is steeper than the rest, since the city adds its own income tax in addition to the state rate.

New York State Tax on Winnings

Your winnings are added to your total income and taxed through the state’s graduated personal income tax brackets, ranging from 4% to a top marginal rate of 10.9% (as of 2026). It's a uniform rule for all winners, regardless of the source or platform, whether it’s via the state lottery, a mobile sportsbook, or DFS.

The New York City Layer

New York City residents face an extra local income tax that ranges from 3.076% to 3.876% on top of the state’s rate, which means a local bettor is looking at roughly a 14.8% marginal rate before any federal tax is applied. This city-level tax only applies to city residents, making the ‘Big Apple’ one of the most expensive places to win big in sports betting or slots.

What Gets Withheld and When

The state requires withholding on players’ winnings whenever these payouts are subject to federal withholding. For lottery winnings, New York mandates withholding at the highest tax rate for amounts over $5,000. If you’re from Manhattan, you’ll need to worry about the extra withholding managed by the city. 

Even if you’re not a resident, your winnings are still affected. Winnings over $5,000 from a bet placed within the state are treated as New York-sourced income. Remember, this is all general information and not tax advice- we encourage you to consult a qualified tax professional for your specific concerns.

General information only; not tax advice.

Pending New York Gambling Legislation

New York’s gaming landscape is moving fast, with new bills and legislative pushes actively shaping the state’s gaming market.

The Online Casino Bill

The state’s latest legislative push came from Senator Addabbo, who filed an online casino bill but failed to gain support. Sen. Addabbo has filed the bill repeatedly, but none has cleared the committee. Governor Hochul has decided to skip iGaming in its executive budgets, a decision complicated by labor opposition over possible job losses. 

Without Gov. Hochul’s backing, the bill eventually fizzled out, scrapping a potential 30.5% tax rate, below the state’s 51% sports betting rate.

The 2025 Sweepstakes Ban

Unlike the online casino push, the sweepstakes casino ban passed. Governor Hochul approved Senate Bill 5935A on December 8, 2025, officially banning these platforms statewide.

The law also specified the penalties for violations, including fines ranging from $10,000 to $100,000, with enforcement power in the hands of the state’s gaming commission and the Attorney General. Attorney General Letitia James's office confirmed the exits of 26 operators on June 6, 2025.

The Downstate Casino License

The state has finally awarded three commercial licenses in December 2025, with Hard Rock’s Metropolitan Park, Resorts World New York City, and Bally’s Bronx as the last applications. Each applicant paid $500 million in licensing fees and committed to invest at least $500 million. 

The decision covers only physical casinos, not online platforms, with Resorts World targeting an opening this year, as of September 2, 2026.

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