New York Consolidated Laws
N.Y. Municipal Home Rule Law § 23 (2026)
Local laws subject to mandatory referendum
✓ current as of May 2026
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§ 23. Local laws subject to mandatory referendum. 1. A local law subject to mandatory referendum as provided in this section or in any other state statute, shall be submitted for the approval of the electors at a general election of state or local government officers in such local government held not less than sixty days after the adoption thereof unless such local law provides for its submission for approval of the electors at a special election or unless, within thirty days after the adoption of such local law, a petition signed, authenticated and subject to certification by the clerk as provided for other petitions in section twenty-four of this chapter is filed with such clerk requesting its submission at a special election. If the local law so provides or if a valid petition is so filed requesting the submission of the local law at a special election, it shall be submitted at such a special election held in such local government not less than sixty days after the adoption of the local law, the date for which special election shall be fixed by the legislative body. In either case such local law shall become operative as prescribed therein only if approved at such election by the affirmative vote of a majority of the qualified electors of such local government voting upon the proposition. 2. Except as otherwise provided by or under authority of a state statute, a local law shall be subject to mandatory referendum if it: a. In the case of a city, provides a new charter for such city. b. In the case of a city, town or village, changes the membership or composition of the legislative body or increases or decreases the number of votes which any member is entitled to cast. c. Changes the veto power of the elective chief executive officer. d. Changes the law of succession to the office of 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. e. Abolishes an elective office, or changes the method of nominating, electing or removing an elective officer, or changes the term of an elective office, or reduces the salary of an elective officer during his term of office. f. Abolishes, transfers or curtails any power of an elective officer. g. Creates a new elective office. h. In the case of a city, changes the boundaries of wards, or other districts, from which members of the county board of supervisors, chosen as such in such city to represent the city, are elected. i. Changes a provision of law relating to public utility franchises. j. In the case of a city, reduces the salary or compensation of a city officer or employee, increases his hours of employment or changes his working conditions if such salary, compensation, hours or conditions have been fixed by a state statute and approved by the vote of the qualified electors of the city. No provision effecting such reductions, increases or changes contained in any local law or proposed new charter shall become effective unless the definite question with respect to such reductions, increases or changes shall be submitted separately from any provisions not relating to such reductions, increases or changes and approved by the affirmative vote of a majority of the qualified electors voting thereon. k. In the case of a city, changes a provision of law relating to the membership or terms of office of the civil service commission of the city.
Notes of Decisions
Cited in 42
cases (10 in the last 5 years), 1985–2026 · leading case: Fossella v. Adams, 2025 NY Slip Op 01668 (N.Y. 2025).
Fossella v. Adams, 2025 NY Slip Op 01668 (N.Y. 2025). “" The law therefore constitutes a change in the "method" of electing local public officers within the meaning of Municipal Home Rule Law § 23 (2) (e), which requires approval by local referendum for any [*8]such change.”
Molinari v. Bloomberg, 596 F. Supp. 2d 546 (E.D.N.Y 2009). “Membership or Composition (Claim VI) Plaintiffs argue that matters subject to mandatory referendum by Municipal Home Rule Law § 23 and Charter § 38 serve as a check against local elected officials, removing matters of self-interest from their discretion and vesting power over…”
Mayor of New York v. Council of New York, 874 N.E.2d 706 (N.Y. 2007). “II Municipal Home Rule Law § 23 (2) (f) says: "Except as otherwise provided by or under authority of a state statute, a local law shall be subject to mandatory referendum if it .”
Fossella v. Adams, 2024 NY Slip Op 00891 (N.Y. App. Div. 2024). “" In addition, the City defendants asserted that the Local Law did not violate the Municipal Home Rule Law due to the lack of a referendum, since the Local Law did not "change[ ] the method of nominating, electing or removing an elective officer" (Municipal Home Rule Law §…”
Gizzo v. Town of Mamaroneck, 36 A.D.3d 162 (N.Y. App. Div. 2006). “Even a law within the competence of the local legislative body, however, is subject to a mandatory public referendum if it transfers or curtails the powers of an elected official (see Municipal Home Rule Law § 23 [2] [f]). Where a referendum is required, but is not held, the…”
Mayor of New York v. Council of New York, 38 A.D.3d 89 (N.Y. App. Div. 2006). “” Correctly arguing that Local Laws 18 and 19 curtail a power he currently enjoys, the Mayor contends that Local Laws 18 and 19 are invalid because they were not approved by the electors in conformity with Municipal Home Rule Law § 23 (2) (f) and NY City Charter § 38 (5).”
Golden v. New York City Council, 196 Misc. 2d 276 (N.Y. Sup. Ct. 2003). “27, amending City Charter § 25 (a), requires a mandatory referendum 1 for its passage pursuant to Municipal Home Rule Law § 23 and City Charter § 38.”
Long Island Pine Barrens Soc'y, Inc. v. Cnty. of Suffolk, 122 A.D.3d 688 (N.Y. App. Div. 2014). “Rather, the relevant charter provision constitutes the County’s mode of granting permission to the electorate to approve or disapprove, by means of a public referendum, proposed changes to the DWPE Hence, the public referendum countenanced by the Suffolk County Charter can…”
New York State Assn. for Affordable Hous. v. Council of the City of N.Y., 141 A.D.3d 208 (N.Y. App. Div. 2016). “In those cases, the local law curtailing the authority of the Mayor, and held to be viola-tive of Municipal Home Rule Law § 23 (2), was inconsistent with the state enabling law.”
New York Pub. Interest Rsch. Grp. v. Dinkins, 632 N.E.2d 1255 (N.Y. 1994). “Municipal Home Rule Law § 23 (2) provides, in part: "Except as otherwise provided by or under authority of a state statute, a local law shall be subject to mandatory referendum if it: * * * "f.”
Pitts v. City of Buffalo, 298 A.D.2d 1003 (N.Y. App. Div. 2002). “8 is the subject of a mandatory referendum pursuant to Municipal Home Rule Law § 23 (2) (b) and (e), and the measure is on the ballot for the upcoming election.”
Biffer v. City of Saratoga Springs, 279 A.D.2d 749 (N.Y. App. Div. 2001). “Plaintiffs further contend that defendants’ actions violated Municipal Home Rule Law § 23 (2) inasmuch as the reassignment of duties, in effect, constituted the abolishment, transfer or curtailment of the power of an elected official for which a mandatory referendum was…”
N.Y. Municipal Home Rule Law § 23(1): 1 case
Hoehmann v. Town of Clarkstown, 2023 NY Slip Op 02606 (N.Y. App. Div. 2023).
N.Y. Municipal Home Rule Law § 23(2): 5 cases
Molinari v. Bloomberg, 596 F. Supp. 2d 546 (E.D.N.Y 2009). “Membership or Composition (Claim VI) Plaintiffs argue that matters subject to mandatory referendum by Municipal Home Rule Law § 23 and Charter § 38 serve as a check against local elected officials, removing matters of self-interest from their discretion and vesting power over…”
New York State Assn. for Affordable Hous. v. Council of the City of N.Y., 141 A.D.3d 208 (N.Y. App. Div. 2016). “In those cases, the local law curtailing the authority of the Mayor, and held to be viola-tive of Municipal Home Rule Law § 23 (2), was inconsistent with the state enabling law.”
Matter of McArdle v. City of Yonkers, 2023 NY Slip Op 03430 (N.Y. App. Div. 2023).
Hoehmann v. Town of Clarkstown, 2023 NY Slip Op 02606 (N.Y. App. Div. 2023).
Matter of Dionisio v. Belmont, 2024 NY Slip Op 00595 (N.Y. App. Div. 2024).
N.Y. Municipal Home Rule Law § 23(2)(b): 1 case
Molinari v. Bloomberg, 596 F. Supp. 2d 546 (E.D.N.Y 2009). “Membership or Composition (Claim VI) Plaintiffs argue that matters subject to mandatory referendum by Municipal Home Rule Law § 23 and Charter § 38 serve as a check against local elected officials, removing matters of self-interest from their discretion and vesting power over…”
N.Y. Municipal Home Rule Law § 23(2)(d): 1 case
Matter of McArdle v. City of Yonkers, 2023 NY Slip Op 03430 (N.Y. App. Div. 2023).
N.Y. Municipal Home Rule Law § 23(2)(e): 2 cases
Fossella v. Adams, 2024 NY Slip Op 00891 (N.Y. App. Div. 2024). “" In addition, the City defendants asserted that the Local Law did not violate the Municipal Home Rule Law due to the lack of a referendum, since the Local Law did not "change[ ] the method of nominating, electing or removing an elective officer" (Municipal Home Rule Law §…”
Martinez v. City of New York, 2025 NY Slip Op 03765 (N.Y. App. Div. 2025).
N.Y. Municipal Home Rule Law § 23(2)(f): 3 cases
Molinari v. Bloomberg, 596 F. Supp. 2d 546 (E.D.N.Y 2009). “Membership or Composition (Claim VI) Plaintiffs argue that matters subject to mandatory referendum by Municipal Home Rule Law § 23 and Charter § 38 serve as a check against local elected officials, removing matters of self-interest from their discretion and vesting power over…”
Fossella v. Adams, 2024 NY Slip Op 00891 (N.Y. App. Div. 2024). “" In addition, the City defendants asserted that the Local Law did not violate the Municipal Home Rule Law due to the lack of a referendum, since the Local Law did not "change[ ] the method of nominating, electing or removing an elective officer" (Municipal Home Rule Law §…”
Matter of McArdle v. City of Yonkers, 2023 NY Slip Op 03430 (N.Y. App. Div. 2023).
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