New York Consolidated Laws
N.Y. Municipal Home Rule Law § 11 (2026)
Restrictions on the adoption of local laws
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 11. Restrictions on the adoption of local laws. 1. Notwithstanding any provision of this chapter, the legislative body shall not be deemed authorized by this chapter to adopt a local law which supersedes a state statute, if such local law: a. Removes or raises any limitation of law on the amount in which the local government may become indebted, or on the amount which may be raised in any one fiscal year by tax for any or all purposes of such local government provided, however, that if the total bonded indebtedness of any city operating under the provisions of the second class cities law is evidenced only by serial bonds payable in annual installments, any such city may adopt a local law which shall provide that the provisions of section seventy-two of the second class cities law shall not be operative or applicable as to such city. b. Removes a restriction of law relating to the issuance of bonds or other evidences of indebtedness. c. Applies to or affects the maintenance, support or administration of the educational system in such local government, or a teachers' pension or retirement system therein. d. Except in the case of an alternative form of county government, changes the number or term of office of the members of the county board of supervisors chosen as such in a city or town. e. Applies to or affects the courts as required or provided by article six of the constitution. f. Applies to or affects any provision of paragraph (c) of subdivision one of section 8-100 of the election law, the labor law, sections two, three and four of chapter one thousand eleven of the laws of nineteen hundred sixty-eight, entitled "An act in relation to the maximum hours of labor of certain municipal and fire district firefighters and the holidays of firefighters and police officers, repealing certain sections of the labor law relating thereto, and to amend the municipal home rule law, in relation thereto," as amended, the volunteer firefighters' benefit law, or the workers' compensation law or changes any provision of the multiple residence law or the multiple dwelling law, except that in a city of one million persons or more, the provisions of local law for the enforcement of the housing code which is not less restrictive than the multiple dwelling law may be applied in the enforcement of the multiple dwelling law. g. Applies to or affects powers of the state comptroller in relation to auditing or examining municipal accounts or prescribing forms of municipal accounting or in relation to approval or disapproval of establishment or extension of fire districts or special districts. h. Applies to or affects any provision of law providing for regulation or elimination of railroad crossings at grade or terminal facilities within the local government. i. Relates to the judicial review of dismissals from the civil service or, in the case of a county, changes a provision of law relating to the membership of its civil service commission or to the terms of office of the members of such commission or of the personnel officer administering the provisions of the civil service law. j. In the case of a city, transfers to abutting property owners its liability for failure to maintain its sidewalks and gutters in a reasonably safe condition. 2. Notwithstanding any provision of this chapter, the legislative body of a county, city or village shall not be authorized by this chapter to adopt any local law which: a. Amends the charter of the county, city or village, as the case may be, contrary to any provisions of such charter regulating its own amendment. This provision shall not abridge the right of the people of a county, city or village to amend their charter or approve a proposed new charter, where such amendment or proposed new charter is subject to a mandatory referendum. b. The legislative body is by provision of the charter prohibited to adopt. 3. Notwithstanding any provision of this chapter, any local law adopted by a town board shall be effective and operative only in that portion of such town outside of any village or villages therein except in a case where the power of such town board extends to and includes the area of the town within any such village or villages.
Notes of Decisions
Cited in 36
cases (1 in the last 5 years), 1985–2022 · leading case: Hausser v. Giunta, 669 N.E.2d 470 (N.Y. 1996).
Hausser v. Giunta, 669 N.E.2d 470 (N.Y. 1996). “The Appellate Division affirmed, finding that the City of Long Beach Code § 256 was invalidated by the 1960 amendment to City Home Rule Law § 11 (1) (now Municipal Home Rule Law § 11 [1] [j]). Under the powers granted within section 11 (1) of the former City Home Rule Law (which…”
New York Cnty. Lawyers' Ass'n v. Bloomberg, 979 N.E.2d 1162 (N.Y. 2012). “) as violative of County Law § 722 and Municipal Home Rule Law § 11 (1) (e). We conclude that the City may assign conflict cases to institutional providers, that its ability to do so is not contingent on the consent of the county bar associations and that the City’s proposed…”
New York Cnty. Lawyers' Ass'n v. Bloomberg, 95 A.D.3d 92 (N.Y. App. Div. 1st Dep't 2012). “1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 230-231 [1974]), does not require the consent of the county bar associations (the County Bars), and does not violate section 722 of article 18-B of the County Law (as amended by L 2010, ch 56, § 1, part E, §…”
New York Statewide Coalition of Hispanic Chambers of Com. v. New York City Dep't of Health & Mental Hygiene, 16 N.E.3d 538 (N.Y. 2014). “In particular, they point out that under these statutes, local legislatures can pass laws relating to the “safety, health and well-being of persons” within their jurisdiction (see Municipal Home Rule Law § 10 [1] [ii] [a] [12]), and that this local power is not explicitly…”
Goehler v. Cortland Cnty., 70 A.D.3d 57 (N.Y. App. Div. 3d Dep't 2009). “As the county defendants concede, however, Municipal Home Rule Law § 11 places limitations on their power to adopt local laws, including a prohibition on adoption of “a local law which supersedes a state statute, if such local law .”
ILC Data Device Corp. v. Cnty. of Suffolk, 182 A.D.2d 293 (N.Y. App. Div. 2d Dep't 1992). “21 on the ground that the Legislature had no authority to enact it under Municipal Home Rule Law § 11 (1) (f) (see, ILC Data Device Corp.”
Bray v. Gluck, 235 A.D.2d 72 (N.Y. App. Div. 3d Dep't 1997). “When plaintiffs commenced this negligence action, they did not allege that defendants violated this provision, relying on Rooney v City of Long Beach ( 42 AD2d 34 , appeal dismissed 33 NY2d 897 ) which held that a similar charter provision was invalidated by Municipal Home Rule…”
Bd. of Educ. of the City Sch. Dist. v. Mills, 250 A.D.2d 122 (N.Y. App. Div. 3d Dep't 1998). “Supreme Court dismissed both petitions, agreeing with the Commissioner that Education Law § 3020-a is in conflict with the Executive Order and petitioner’s resolution and that the State law is controlling in such instances, particularly when read with Municipal Home Rule Law §…”
Long Island Pine Barrens Soc'y, Inc. v. Cnty. of Suffolk, 122 A.D.3d 688 (N.Y. App. Div. 2d Dep't 2014). “These provisions of the New York Constitution and the Municipal Home Rule Law do not prevent Suffolk County from adopting a charter provision like the one at issue here, which requires approval by a public referendum in order to amend or repeal the DWPP in the future (see…”
St. Jacques v. City of New York, 215 A.D.2d 75 (N.Y. App. Div. 1st Dep't 1995). “The dispositive issue in these appeals is whether the defendant City’s failure to cause the sidewalks in question to be repaired in accordance with various sections of the New York City Charter, Administrative Code and Municipal Home Rule Law (see, NY City Charter § 2903 [b]; §…”
Matter of C.K. v. Tahoe, 211 A.D.3d 1 (N.Y. App. Div. 3d Dep't 2022). “), as local law cannot supersede the rulemaking powers granted to the Chancellor through Education Law § 2590-d ( see Municipal Home Rule Law § 11 [1] [c]; NY City Corp Counsel Op No.”
Greens at Half Hollow, LLC v. Town of Huntington, 15 Misc. 3d 415 (N.Y. Sup. Ct. 2006). “ode § 198-125 as enacted providing for the establishment of a Zoning Violations Bureau to handle zoning violations outside the jurisdiction of the District Court, the plaintiffs Greens and UCS move for a declaration that such Town local law is void, illegal, unenforceable and…”
N.Y. Municipal Home Rule Law § 11(1)(j): 1 case
Shepherd v. Werwaiss, 947 F. Supp. 71 (E.D.N.Y. 1996).
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