New York Online Poker Guide: Legal Status, Play Options & What Players Should Know

Martin Green
February 21, 2026

Online poker remains widely popular among players in New York, but the state does not currently regulate real-money online poker under its gambling laws. Many players familiar with offshore sportsbooks or developments in New York sports betting often ask whether they can legally play poker online for money in the Empire State.

This guide explains the current legal environment for online poker in New York, where legal play is available, the role of offshore platforms, how live poker fits into the state’s regulated gaming framework, and important considerations for players.

Is Online Poker Legal in New York?

As of early 2026, real-money online poker is not legal or regulated in New York. The state has not enacted legislation authorizing licensed online poker operators that accept deposits and pay out funds directly to players within state borders.

Legislators have introduced multiple bills over the years to establish a regulated online poker market, often as part of broader iGaming or online casino proposals. However, none of these proposals has passed both houses of the state legislature, and New York has focused regulatory effort on markets like sports betting and retail casino gaming.

Under current law, operators cannot obtain a state gaming license to run real-money online poker sites in New York.

Why Online Poker Isn’t Yet Regulated

The primary reason online poker remains unavailable through state-licensed platforms in New York is a lack of enabling legislation. Lawmakers have discussed the topic (including bills as recently as 2025), but no comprehensive internet gaming bill that includes online poker has successfully advanced into law.

In the U.S., online poker is generally treated as part of online casino or broader iGaming legislation. Without that overarching regulatory framework in New York, online poker cannot be regulated in isolation.

What Online Poker Is Legal

New York treats online poker under two different lenses:

Live Poker (Legal and Regulated)

Live poker is legal and fully regulated in New York at commercial and tribal casinos. Licensed venues operate poker rooms where cash games and tournaments are offered under the supervision of the New York State Gaming Commission (NYSGC).

Popular live poker destinations across the state include:

Resorts World Catskills

Turning Stone Resort Casino

Seneca Niagara Resort & Casino

Rivers Casino & Resort Schenectady

Del Lago Resort & Casino

These venues provide a range of poker games — from No-Limit Texas Hold’em to Pot-Limit Omaha — with regulated dealers, structured play, and consumer protections.

Free-to-Play and Social Poker (Legal)

New Yorkers can legally play free-to-play online poker games and social poker apps that do not involve real-money wagering. These platforms are typically designed for entertainment and do not require deposits or allow cash withdrawals.

These options can be great for skill development or casual gameplay but do not offer real monetary stakes.

Offshore Poker and the Legal Gray Area

Even though New York does not authorize intrastate real-money online poker sites, some players in the state access offshore poker platforms that accept U.S. residents.

These sites operate under licenses from foreign jurisdictions (e.g., Curaçao, Malta) and offer a variety of poker games, tournaments, and cash game options. They are not regulated by New York authorities, which means:

They do not hold New York gaming licenses

Consumer protections differ from state-regulated markets

Enforcement attention tends to be on operators, not individual players

Common offshore platforms used by New York residents include well-known international poker sites that permit real-money play, though availability can vary based on operator policies and banking restrictions.

It’s important to understand that playing on offshore sites carries legal ambiguity and lacks the oversight protections that state licensing provides.

Sweepstakes Poker and Recent Regulatory Change

Previously, many players used sweepstakes poker platforms — sites that offered poker via virtual currencies under a promotional/sweepstakes model — to enjoy a poker-like experience without real-money betting within state law.

However, in 2025 New York regulators moved against sweepstakes poker by issuing cease-and-desist actions or restrictions against many of these operators, effectively limiting access to sweepstakes-style poker for state residents.

As a result, sweepstakes poker options are not as widely available as in the past.

Live Poker Rooms and Where to Play

Since online poker isn’t regulated, many New Yorkers enjoy poker at licensed live venues across the state. Licensed poker rooms can be found at commercial and tribal casinos, offering:

Cash games in popular variants

Structured tournament series

Beginner and high-stakes tables

Player lounges and amenities

These environments provide regulated play and consumer protections under New York’s gaming laws. The NYSGC enforces licensing, auditing, and responsible gaming standards for all live venues.

Responsible Play and Player Protection

Regardless of how you choose to play — live or online — responsible gambling practices are important. Key steps include:

Setting personal betting limits
Monitoring time and spend
Avoiding chasing losses
Using self-exclusion or account limits where available

New York supports problem-gambling resources available through licensed operators and state programs.

Taxes and Reporting

Gambling winnings, including poker income, are generally subject to federal taxation. In New York, gambling winnings may also be taxable at the state level. Players should:

Report income accurately

Keep detailed records of sessions and outcomes

Consult a tax professional for guidance

Although playing on offshore sites introduces complexity to reporting, U.S. tax obligations remain regardless of where a platform is hosted.

Could Online Poker Become Legal in New York?

Yes, but only with new state legislation. For online poker to be regulated, New York would likely need to adopt a broader online casino or iGaming law that includes poker under its licensing framework. Legislators have introduced bills in recent years (including 2025 proposals) to address this, but none have passed.

Some analysts expect future legislation that could authorize regulated online poker — potentially as part of an expanded online casino market — but no timeline is certain.