Prediction Markets in New York (2026): What's Legal

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Informational only, not legal advice. Court orders in this area change month to month. Check the app before you deposit.

New York's Attorney General sued Kalshi on July 31, 2026, seeking at least $36 billion and an order barring it from offering event contracts "within or from New York." Kalshi is based in New York, so the stakes go beyond New York customers. Eleven days later the CFTC used emergency powers to order Kalshi to keep operating as an exchange, and it has sued New York in federal court. As of mid-October, Kalshi's markets remain open to New York residents. Polymarket US is not on the widely reported list of blocked states. Robinhood lists no New York restriction. Crypto.com's OG app is reported unavailable in New York.

An earlier version of this page said Polymarket geo-blocked New York. We found no current source for that, so it has been corrected.

Status as of October 2026

Platform	Status in New York	Detail	Source
Kalshi	Available, under litigation	State suit filed Jul 31, 2026; CFTC emergency order Aug 11 told Kalshi to keep operating	Decrypt, OddsShopper, Oct 15
Polymarket US	Available (confirm at sign-up)	Not on the widely reported blocked list (AZ, IL, MA, MD, MI, MT, NV, OH)	OddsShopper, Jul 2026
Robinhood prediction markets	Available	Restriction list names Maryland, Nevada and Michigan only	Robinhood support, Oct 2026
DraftKings Predictions	Non-sports only	New York is one of 17 states plus DC limited to non-sports	SI, Oct 16, 2026
FanDuel Predicts	Non-sports only	Sports run in 18 states; New York is not one	RotoWire, Sep 30, 2026
Novig	Check in app (21+)	CFTC exchange since June 16, 2026	Action Network, Oct 8, 2026
OG (Crypto.com)	Reported not available	Launched in every state except New York	Bettors Insider
PredictIt	Available	$3,500 per-market cap since July 2025	CFTC Letter 25-20

Kalshi in New York

The fight has three parts.

The state's case. New York's suit asks for disgorgement, penalties, at least $36 billion in damages and an order stopping Kalshi from offering various event contracts in or from New York. Kalshi moved the case to federal court the same day. Earlier, on July 7, a federal judge had denied Kalshi's own request for a preliminary injunction, finding that federal law did not preempt New York's gambling laws as applied to its sports contracts (Decrypt). Kalshi's appeal is at the Second Circuit, and New York's brief is due October 30.

The CFTC's order. On August 11 the CFTC invoked Section 8a(9) of the Commodity Exchange Act, which allows it to direct a registered exchange in an emergency, and told Kalshi it "shall continue to perform its functions as an exchange." The order does not end New York's lawsuit. New York has asked the court to give it no weight.

The CFTC's suit. The CFTC separately sued New York, arguing the agency has exclusive jurisdiction over swaps traded on designated exchanges. Its motion to block the state was argued on September 14, and no ruling had been reported by October 15 (OddsShopper).

For a New York resident today, Kalshi's markets work, sports included. The risk is a sudden court order. Kalshi told the CFTC on August 1 that a restraining order could shut the exchange and force refunds of completed trades, so keep balances you do not need on the platform modest.

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Polymarket US in New York

Polymarket's US app runs on QCX, the CFTC-licensed exchange Polymarket bought in July 2025, under an amended CFTC order announced on November 25, 2025 (Covers). New York is not on the list of states it is reported not to serve. The international Polymarket site is still closed to US users.

US taker fees have applied since July 1, 2026. The rate started at 0.06 × contracts × price × (1 − price) and is now 0.0695, about $1.74 on 100 contracts at 50 cents. Makers earn a small rebate (Polymarket US fee schedule, October 2026).

Open a Polymarket account → (affiliate link: we earn a commission if you sign up)

Robinhood in New York

Robinhood's support page restricts sports contracts for Maryland, Nevada and Michigan residents only (Robinhood, October 2026). Contracts route to KalshiEX, ForecastEx, Rothera or Crypto.com's North American Derivatives Exchange, so a court order aimed at Kalshi could affect some Robinhood markets too. Commission is capped at $0.01 per contract, plus exchange fees of up to $0.01.

FanDuel Predicts, DraftKings Predictions, Novig and OG

DraftKings Predictions and FanDuel Predicts offer non-sports contracts only, because both run licensed sportsbooks in New York. For sports, the regulated route is a sportsbook licensed by the New York State Gaming Commission.
Novig (CFTC exchange since June 16, 2026, 21+) does not list New York on its welcome-offer page. Check the app.
OG launched February 3, 2026 in every state except New York, according to one review. We could not confirm a later change.

PredictIt

PredictIt still lists political markets under CFTC no-action relief. Since a July 2025 CFTC letter, the per-market limit is $3,500 (up from $850) and there is no cap on traders per contract (CFTC Letter 25-20). It charges 10% of profits and 5% on withdrawals.

Taxes in New York

New York State income tax runs from 4% to 10.9%, and New York City residents pay city income tax on top (NY Department of Taxation and Finance). Trading profits are taxable at federal, state and city level. See the event-contract tax guide.

How to check your own access

Start the sign-up flow. Each platform asks your state and blocks you if it must.
Check Kalshi's in-app notices; it posts changes when a court order forces one.
Use your real address and no VPN.

Compare: New Jersey, Massachusetts, California. National picture: are prediction markets legal in the US?

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