New York Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New York, with full citations and the original source on every page.
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Can a New York town shorten the term of office for its planning board members by passing a local law?
Yes. AG Schneiderman's office concluded that a town can use its home-rule authority to supersede Town Law § 271 and impose shorter planning-board terms; the new law applies prospectively unless made r…
Can a New York city's charter give the mayor and city council members the power to administer oaths and take affidavits, even if they aren't commissioners of deeds?
Yes. AG Schneiderman concluded that the Auburn City Charter's grant of oath-administering power to the mayor and council members is valid; nothing in Executive Law § 139(1) makes commissioners of deed…
Can a New York town pass a local law authorizing its animal shelter to spay or neuter dogs and cats once the redemption period passes, even before a specific adoption is lined up?
Yes. AG Schneiderman's office concluded that the town has home-rule authority to pass such a law for both dogs and cats; for dogs, the area is reachable through the Agriculture & Markets Law's authori…
Can a New York county pass a local law requiring small residential landlords (fewer than six units) to put tenant security deposits in interest-bearing accounts, even though state law only requires that of larger landlords?
No. AG Schneiderman's office concluded that a county-level rule reaching small landlords would be inconsistent with the state Legislature's deliberate choice (in 1970) to draw the line at six units. S…
Can a New York city use a charter revision commission to change the budget process for its public library, when the library was created by state legislation?
The AG concluded that Oneonta could not amend its city charter to alter the budget process for its public library. Public libraries are part of the state's educational system, and Municipal Home Rule …
Do General City Law § 81 or the Peekskill city charter govern terms of office and start dates for zoning board of appeals members?
The AG concluded that the Peekskill city charter governed the terms of office and the dates on which ZBA members' terms began. General City Law § 81 was a special law (excluding NYC), did not relate t…
Can a New York county assign its General Municipal Law §§ 239-l, 239-m, and 239-n review function to its county planning department instead of its planning board?
The AG concluded that a county could, by local law, assign GML §§ 239-l, 239-m, and 239-n review of referred municipal zoning and planning actions to its planning department instead of its planning bo…
Can a non-charter New York county adopt a local law that lets the county legislature, instead of the community services board, appoint the local director of community services?
The AG concluded that Mental Hygiene Law § 41.09(a) reflected a substantial state concern, so a non-charter county could not enact a local law shifting the appointment of its community services direct…
Does the Nassau County Charter's mandatory-referendum requirement for local laws affecting elective officers still stand, even though the State Constitution now calls only for a permissive referendum?
Yes. The AG concluded that under the savings clause in Article IX, § 3(b) of the State Constitution, Nassau County Charter § 155 (enacted 1937) remains in force and requires a mandatory referendum for…
Can a New York town board expand a three-member police commission to five members, or does Town Law § 150 cap the board at three?
Yes. The AG concluded that a town board may by local law amend or supersede Town Law § 150(2) to establish a five-member board of police commissioners, because the structure of a town police departmen…
Can a non-charter county in New York skip the County Law's requirement to publish full text of every local law in newspapers, and instead just publish a short notice?
Yes. The AG reaffirmed that a non-charter county may by local law supersede the publication requirement in County Law § 214(2). The county can substitute a single notice of adoption and abstract with …
Can a New York town pass a local law that lets its town attorney live anywhere in the county, instead of having to live inside the town itself?
Yes. The AG concluded that a town may by local law broaden the required residency for the town attorney to the county where the town is located. A 1990s amendment to Public Officers Law § 3 carved out…
If a New York county has already passed a nuisance abatement law, can a town inside the county still pass its own nuisance abatement law, or is the town preempted?
Yes, the town can pass its own. The AG concluded that a county nuisance abatement law does not preempt a town nuisance abatement law, as long as the town has not formally transferred the nuisance-abat…
Can a NY county pass a term limits law for elected officials without a public referendum?
Yes. The AG confirmed Informal Opinion No. 83-10 and the Court of Appeals' Roth v Cuevas decision: a county may use its home-rule authority to limit the number of consecutive terms an elected officer …
Can a NY county create a fire marshal position by resolution, or does it need a local law?
By local law, not by resolution. The AG concluded that home-rule authority allows a county to create the fire marshal position and define its duties through a local law (or charter law for a charter c…
Can a planning board member also work as a full-time computer services employee for the same town?
Yes. The AG concluded no statute prohibits the combination, and the two positions are compatible at common law: the computer services job is not subordinate to the planning board and the duties do not…
Can a New York city keep a seven-member zoning board of appeals even after a state amendment said boards must have three or five members?
Yes. The AG concluded that General City Law § 81 (the ZBA-membership rule) excludes cities with populations over 1 million, so it is not a 'general law' under the home rule definition. A city may ther…
Can a NY city require its city council to confirm the mayor's appointments to the planning commission?
Yes. The AG concluded that mayoral appointment subject to city council confirmation does not conflict with General Municipal Law § 234 or General City Law § 27. When an executive appoints and the legi…
Can a New York non-charter county create a county administrator position without a public vote?
Yes. The AG concluded that a non-charter county board of supervisors may use Municipal Home Rule Law § 10 to create the position by local law. As long as the local law does not abolish, transfer, or c…
Does changing how the mayor is chosen in a small commission-run city require voter approval?
Yes. The AG concluded the Sherrill charter amendment, which would transfer the power to serve as commission chair and mayor from the top vote-getting commissioner to the commissioner with the most sen…
Can a New York town let appointed officials live anywhere in the state instead of inside the town?
Yes, by local law. The AG concluded that the Public Officers Law residency rule no longer applies uniformly to all towns (a Greenburgh-only exception made it a 'special' law), so a town may use its ho…
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Attorney general opinions in New York are written by the New York Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.