New York Consolidated Laws

N.Y. Municipal Home Rule Law § 2 (2026)

Definitions

✓ current as of May 2026

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§ 2. Definitions. As used in this chapter the following terms shall
mean or include:
  1. "Charter." A state statute or a local law which establishes or
continues a specific county, city or village as a municipal corporation
or body politic and includes the fundamental provisions defining,
extending or limiting its corporate powers or affecting the framework of
its government.
  2. "Charter amendment." A new charter or any change in an existing
charter presented as such under authority of this chapter or any state
statute or charter. A charter amendment may be of any extent and may
deal with any number of subjects.
  3. "Clerk." The clerk of the board of supervisors of a county, the
clerk of a city, town or village or, if there be no officer so
designated, an officer exercising corresponding duties.
  4. "Elective chief executive officer." The chief executive officer of
a county elected on a county-wide basis or if there be none the chairman
of the board of supervisors, the mayor of a city or village or the
supervisor of a town, where such officer is vested with power to approve
or veto local laws or ordinances.
  5. "General law." A state statute which in terms and in effect applies
alike to all counties, all counties other than those wholly included
within a city, all cities, all towns or all villages.
  6. "Law." A state statute, charter or local law.
  7. "Legislative body." The board of supervisors, board of aldermen,
common council, council, commission, town board, board of trustees or
other elective governing board or body now or hereafter vested by state
statute, charter or other law with jurisdiction to initiate and adopt
local laws or ordinances, whether or not such local laws or ordinances
require the approval of the elective chief executive officer or other
official or body to become effective.
  8. "Local government." A county, city, town or village.
  9. "Local law." A law (a) adopted pursuant to this chapter or to other
authorization of a state statute or charter by the legislative body of a
local government, or (b) proposed by a charter commission or by
petition, and ratified by popular vote, as provided in article four of
this chapter or as provided in a state statute, charter or local law;
but shall not mean or include an ordinance, resolution or other similar
act of the legislative body or of any other board or body.
  10. "New charter." A charter which supersedes or repeals an existing
charter in its entirety or in the manner provided in subdivision four or
subdivision five of section thirty-six of this chapter.
  11. "Public corporation." A municipal corporation, a district
corporation or a public benefit corporation as defined in section three
of the general corporation law.
  12. "Special law." A state statute which in terms and in effect
applies to one or more, but not all, counties, counties other than those
wholly included within a city, cities, towns or villages.

Notes of Decisions

Cited in 40 cases (8 in the last 5 years), 1985–2025 · leading case: New York Statewide Coalition of Hispanic Chambers of Com. v. New York City Dep't of Health & Mental Hygiene, 16 N.E.3d 538 (NY 2014).

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New York Statewide Coalition of Hispanic Chambers of Com. v. New York City Dep't of Health & Mental Hygiene, 16 N.E.3d 538 (NY 2014). “shall have a legislative body elective by *694 the people thereof’ (NY Const, art IX, § 1 [a]; see also Municipal Home Rule Law § 2 [7]), and that elective body in New York City is the City Council.”

Gizzo v. Town of Mamaroneck, 36 A.D.3d 162 (N.Y. App. Div. 2006). · cites it 2× “The term “general law” is a term of art, having a specifically defined meaning within the Municipal Home Rule Law. In that context, a general law is “[a] state statute which in terms and in effect applies alike to all counties, all counties other than those wholly included…”

DJL Restaurant Corp. v. City of New York, 749 N.E.2d 186 (NY 2001). “The Municipal Home Rule Law defines a “general law” as a “state statute which in terms and in effect applies alike to all counties, all counties other than those wholly included within a city, all cities, all towns or all villages” (Municipal Home Rule Law § 2 [5]).”

Ricket v. Mahan, 97 A.D.3d 1062 (N.Y. App. Div. 2012). · cites it 2× “A “general law” is defined as “[a] state statute which in terms and in effect applies alike to all counties, all counties other than those wholly included within a city, all cities, all towns or all villages” (Municipal Home Rule Law § 2 [5]). A “special law” is one that “in…”

Forest Glen Realty, LLC v. T11 Funding, 2022 NY Slip Op 05313 (N.Y. App. Div. 2022). · cites it 2× “Facility , 164 AD3d 692 , 694 [internal quotation marks omitted], affd 36 NY3d 251 ; see McKinney's Cons Laws of NY, Book 1, Statutes § 397 at 574).”

Chwick v. Mulvey, 81 A.D.3d 161 (N.Y. App. Div. 2010). “Municipal Home Rule Law § 2 (5) defines “[g]eneral law” as “[a] state statute which in terms and in effect applies alike to all counties, all counties other than those wholly included within a city, all cities, all towns or all villages.”

Landmark Colony at Oyster Bay v. Bd. of Supervisors, 113 A.D.2d 741 (N.Y. App. Div. 1985). “…and rational fashion. Second, Real Property Law § 334-a was enacted as a special law rather than a general law (see, Municipal Home Rule Law § 2 [5], [12]), and it may therefore be superseded by a validly enacted local law (see, NY Const, art IX, §2 [c]; Municipal Home Rule…”

Roth v. Cuevas, 158 Misc. 2d 238 (N.Y. Sup. Ct. 1993). “Municipal Home Rule Law § 37 (1) permits a referendum to be submitted to the electorate for adoption of "a local law amending a city charter (however extensively)” (emphasis added).”

Ricket v. Mahan, 82 A.D.3d 1565 (N.Y. App. Div. 2011). “In that regard, we reject respondents’ claim that the local law creating this position supercedes any state statute that would otherwise require that the Commissioner of Public Works be a Town resident (see Municipal Home Rule Law § 2 [5], [12]; § 10 [1] [ii] [a] [1]; [d] [3];…”

Adams v. Cuevas, 133 Misc. 2d 63 (N.Y. Sup. Ct. 1986). · cites it 2× “Municipal Home Rule Law § 37 (1) provides for a local law amending a city charter.”

Pultz v. Economakis, 40 A.D.3d 24 (N.Y. App. Div. 2007). “shall also be exempt from such levies and assessments”]; see also Municipal Home Rule Law § 2 [5]). The Legislature’s failure to include any limitation in the Rent Stabilization Code is powerful evidence that no such limit was intended.”

Wright v. Town Bd. of the Town of Ticonderoga, 169 A.D.2d 190 (N.Y. App. Div. 1991). “As a State statute which in terms and effect applies alike to all counties, cities towns, and villages, RPTL 458 (5) (a) is a general statute (Municipal Home Rule Law § 2 [5]).”

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— N.Y. Municipal Home Rule Law § 2(8) — 2 cases

Matter of Honovich v. Cnty. of Putnam, 2025 NY Slip Op 25093 (N.Y. Sup. Ct., Putnam Cty. 2025).

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