N.Y. Laws » CHAPTER Municipal Home Rule / ARTICLE Powers of Counties and Cities to Adopt Charters / PART The County Charter Law
New York Consolidated Laws

N.Y. Municipal Home Rule Law § 33 (2026)

Power to adopt, amend and repeal county charters

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 33. Power to adopt, amend and repeal county charters. 1. Subject to
restrictions in the constitution, in this article or in any other
applicable law, the board of supervisors of any county as defined in
section thirty-two of this article and including but not limited to a
county which has heretofore adopted a charter enacted by the legislature
shall have power to prepare, adopt, amend or repeal a county charter.
  2. A county charter shall set forth the structure of the county
government and the manner in which it is to function. Such charter may
provide for the appointment of any county officers or their selection by
any method of nomination and election, provided that there shall be an
elective board of supervisors, the members of which shall be deemed
county officers, which shall determine county policies and exercise such
other functions as may be assigned to it.
  3. Such a county charter shall provide for:
  a. The exercise by the board of supervisors of the powers of local
legislation and appropriation of the county.
  b. The agencies or officers responsible for the performance of the
functions, powers and duties of the county and of any agencies or
officers thereof and the manner of election or appointment, terms of
office, if any, and removal of such officers.
  c. The equalization of real property taxes consistent with standards
prescribed by the legislature.
  4. Such a county charter may:
  a. Assign executive or administrative functions, powers and duties to
elective or appointive officers.
  b. Empower an executive officer elected on a county-wide basis to veto
actions of the board of supervisors, with provision for overriding of
such vetoes by a specified percentage or percentages of votes of such
board.
  c. In accordance with subdivision (h) of section one of article nine
of the constitution, provide for the transfer of one or more functions
or duties of the county or of the cities, towns, villages, districts or
other units of government wholly contained in such county to each other
or when authorized by the legislature to the state, or for the abolition
of one or more offices, departments or agencies of such units of
government when all of their functions or duties are so transferred.
  d. Provide for an administrative code which shall set forth the
details of administration of the county government in harmony with the
provisions of the county charter and may contain revisions,
simplifications, consolidations, codifications and restatements of
special laws, local laws, ordinances, resolutions, rules and regulations
consistent with the county charter.
  e. Provide for the termination of the terms of office of existing
officers.
  5. The board of supervisors by resolution may provide that a draft of
a proposed county charter, or of an amendment or repeal thereof, shall
be prepared under its supervision, the supervision of an officer or
committee of the board, or by a charter commission appointed by or
pursuant to such resolution. The county attorney or other legal advisor
shall provide such assistance and cooperation as shall be required of
him and for such purpose shall have power to employ or retain special
counsel and technical advisors and assistants within appropriations made
available therefor.
  6. Where a petition is filed with the clerk of the board of
supervisors signed by electors of the county equal in number to at least
ten per centum of the whole number of votes cast in the county for
governor at the last gubernatorial election, asking that a charter
commission be created by the board of supervisors and be composed and
appointed as provided by the board of supervisors, and where the board
of supervisors does not on its own motion create and appoint or provide
for the appointment of such a charter commission within three months
after such filing, the board of supervisors shall cause a proposition to
be submitted to the electors of the county at the next general election
occurring not less than five months after such filing, on the question
of whether such a charter commission should be so established and
appointed. The provisions of subdivision eight of this section shall
apply to the preparation of the form of such proposition and its
submission at such general election. If such proposition receives a
majority of the votes cast thereon in the county at such general
election, the board of supervisors within two months after such general
election shall provide for the creation of such commission and its
members shall be appointed within such two-month period. The provisions
of subdivision five hereof, so far as applicable, shall apply to such
charter commission.
  7. A charter law
  (a) providing a county charter, or
  (b) proposing an amendment or repeal of one or more provisions thereof
which would have the effect of transferring a function or duty of the
county, or of a city, town, village, district or other unit of local
government wholly contained in the county, shall conform to and be
subject to consideration by the board of supervisors in accordance with
the provisions of this chapter generally applicable to the form of and
action on proposed local laws by the board of supervisors. If a county
charter, or a charter law as described in this subdivision, is adopted
by the board of supervisors, it shall not become operative unless and
until it is approved at a general election or at a special election,
held in the county by receiving a majority of the total votes cast
thereon (a) in the area of the county outside of cities and (b) in the
area of the cities of the county, if any, considered as one unit, and if
it provides for the transfer of any function or duty to or from any
village or for the abolition of any office, department, agency or unit
of government of a village wholly contained in the county, it shall not
take effect unless it shall also receive a majority of all the votes
cast thereon in all the villages so affected considered as one unit.
Such a county charter or charter law shall provide for its submission to
the electors of the county at the next general election or at a special
election, occurring not less than sixty days after the adoption thereof
by the board of supervisors. Such a county charter or charter law may
provide for the separate submission to the electors at such election of
one or more variations of the provisions of such county charter. Any
such variation may include, but shall not be limited to, proposed
transfers of functions of local government to other units of local
government or a class or classes thereof.
  8. The form of each proposition submitted to the electors of a county
pursuant hereto shall be prepared by the clerk of the board of
supervisors with the advice of the county attorney or other principal
legal advisor. They also shall prepare a brief abstract of the county
charter or charter law so submitted. The form and abstract shall be
transmitted to the board of elections of the county. The board of
elections, at least twenty days before the election, shall send two or
more copies thereof to the clerk of each city, town and village in the
county to be made a public record in his office and shall cause a
sufficient number of copies to be printed and made available to the
electors at the time of registration or otherwise. In addition, such
board of elections shall cause a sufficient number of copies to be
delivered with the other election supplies and distributed to the
electors at the election. The board of elections shall cause each such
proposition to be submitted to the electors of the county in the manner
provided in the election law and, so far as applicable, in subdivision
two of section one hundred two of the county law. Expenses incurred in
connection with the submission of any proposition under this article
shall be a charge against the county.
  9. If two or more propositions having conflicting provisions receive
the majorities required for adoption under this section at the same
election, the proposition involved in each such conflict which receives
the largest affirmative vote shall prevail to the extent of such
conflict; but in all other respects such proposition shall be deemed
adopted. Where a proposition submitted to the electors of a county under
the provisions of this article receives the majority or majorities
required for adoption, it shall become operative as prescribed therein,
subject to any conditions prescribed therein.
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1977–2025 · leading case: Davis v. Pomeroy, 283 A.D.2d 874 (N.Y. App. Div. 3d Dep't 2001).
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Davis v. Pomeroy, 283 A.D.2d 874 (N.Y. App. Div. 3d Dep't 2001). · cites it 5× “In that con *875 nection, petitioner wrote a letter to respondent Chair of the County Legislature and respondent Sullivan County Attorney demanding that, in accordance with the direction of Municipal Home Rule Law § 33 (8), they prepare a proposition to be submitted to the…”
Baldwin Union Free Sch. Dist. v. Cnty. of Nassau, 9 N.E.3d 351 (N.Y. 2014). “The Municipal Home Rule Law also permits counties to amend their charters in a manner consistent with applicable state laws and the Constitution (see Municipal Home Rule Law § 33), contains a savings clause retaining the counties’ existing powers under previously enacted…”
Mahler v. Gulotta, 297 A.D.2d 712 (N.Y. App. Div. 2d Dep't 2002). · cites it 3× “The informal opinion of the Attorney General in one alternative aspect of his analysis stated his view that the Nassau County Charter was not a state law but was merely adopted pursuant to a state law, chapter 879 of the Laws of 1936.”
Town of North Hempstead v. Cnty. of Nassau, 32 Misc. 3d 809 (N.Y. Sup. Ct. 2011). “) Assuming, arguendo, that the Municipal Home Rule Law applies, the County Charter’s delegation of authority to the County Comptroller to audit towns and special districts remains valid.”
Cnty. of Rockland v. Town of Clarkstown, 167 Misc. 2d 367 (N.Y. Sup. Ct. 1996). “Further, pursuant to Municipal Home Rule Law § 33 (3) (b) the County Charter, as adopted, shall provide for "The agencies or officers responsible for the performance of the functions, powers and duties of the county and * * * the manner of election or appointment.”
Mohr v. Greenan, 10 Misc. 3d 610 (N.Y. Sup. Ct. 2005). “Rather, they modify the county budget in a manner clearly authorized by section 1806 of the Charter, which was approved by referendum pursuant to the County Charter Law (see Municipal Home Rule Law § 33). Erie County Charter § 1806 provides in part as follows: “If at any time…”
Cnty. of Onondaga v. State of New York, 275 N.E.3d 1058 (N.Y. 2025). · cites it 6× “and to enable local governments to adopt and amend local laws for the purpose of fully and completely exercising the powers granted to them under the terms and spirit of such article" ( see Municipal Home Rule Law §§ 50, 59). As relevant here, Municipal Home Rule Law § 33 (3)…”
Vill. of Tully v. Harris, 119 A.D.2d 7 (N.Y. App. Div. 4th Dep't 1986). “Municipal Home Rule Law § 33 (4) (a) declares that a county shall have the power to adopt a county charter which may "[a]ssign executive or administrative functions, powers and duties to elective or appointive officers.”
Curcio v. Boyle, 142 Misc. 2d 1030 (N.Y. Sup. Ct. 1989). “In that case, Justice Stewart sustained a differential voting requirement in connection with the adoption of the Niagara County Charter (Municipal Home Rule Law § 33 [7]). The court held that one man, one vote principles "are of limited relevance * * * in analyzing the propriety…”
Aetna Cas.. v. Cnty. of Nassau, 221 A.D.2d 107 (N.Y. App. Div. 1996). “In the first place, the County’s reading of Nassau County Charter § 2206 offends against fundamental notions of due process, because it enables the County to summarily disqualify an otherwise qualified insurer following a unilateral declaration of "default,” without full notice…”
Koenig v. Morin, 90 Misc. 2d 185 (N.Y. Sup. Ct. 1977). “) The Municipal Home Rule Law provides that a board of supervisors may adopt a county charter defining the structure of county government and may assign administrative functions to an appointive officer.”
Cnty. of Onondaga v. State of New York, 238 A.D.3d 1535 (N.Y. App. Div. 4th Dep't 2025). “It is the Municipal Home Rule Law, not article IX, § 1, that requires counties that use charters to specify their officers' terms of office therein (Municipal Home Rule Law § 33 [3] [b]).”
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