California vs New York: Local Ordinance Comparison (2026)

ADU Rules

Government Code 65852.2 and 65852.22 establish statewide ministerial approval, size minimums, and parking caps for accessory dwelling units, overriding most local rules.

Shed Rules

New York's Uniform Fire Prevention and Building Code sets minimum construction standards for sheds statewide, though local zoning controls placement, setbacks, and size limits.

Tiny Homes

California HCD guidance and Health and Safety Code 18007 classify many tiny homes on wheels as manufactured housing or ADUs, granting statewide siting protections.

Tiny homes used as permanent residences in New York must comply with the Uniform Code, including Appendix Q for dwellings under 400 square feet, regardless of location.

Animal Hoarding

Agriculture and Markets Law sections 353 and 353-a criminalize neglect and cruelty to animals, providing a uniform statewide basis for prosecuting animal hoarding cases.

Beekeeping

Agriculture and Markets Law Article 15 establishes a uniform statewide apiary inspection program with mandatory disease control standards applicable to all hives in New York.

Dog Leash Laws

New York Agriculture and Markets Law Article 7 sets a statewide framework for dog licensing, identification, and dangerous dog control that all municipalities must follow.

Exotic Pets

Environmental Conservation Law section 11-0512 universally prohibits possessing wild animals such as big cats, bears, wolves, and venomous reptiles as pets across New York.

Wildlife Feeding

Environmental Conservation Law section 11-0505 prohibits feeding wild deer and black bears anywhere in New York to prevent disease, habituation, and public safety risks.

Structure Height Limits

New York's Uniform Fire Prevention and Building Code sets statewide structural height, fire safety, and construction-type limits that apply universally to all buildings, though zoning height limits remain a local home-rule matter.

Dispensary Zoning

New York Cannabis Law allowed municipalities a one-time opt-out window before December 31 2021, after which the Office of Cannabis Management uniformly licenses retail dispensaries with limited local zoning authority.

Home Cultivation

Health and Safety Code section 11362.2 grants every adult 21 or older the statewide right to cultivate up to six cannabis plants indoors, and bars local governments from completely prohibiting indoor personal cultivation.

New York Cannabis Law preempts municipalities from prohibiting personal home cultivation of cannabis by adults age 21 and over, while setting uniform plant limits and storage requirements statewide.

Commercial Drones

Commercial drone operations in California follow uniform federal rules under 14 CFR Part 107 plus statewide California provisions in Civil Code 1708.8 and Public Utilities Code 21401, with local rules limited to ground-based regulation.

Commercial drone operations in New York fall under FAA Part 107 with state-level privacy, surveillance, and critical infrastructure protections that apply uniformly across all municipalities.

Recreational Drones

Recreational drone flight in California is governed primarily by FAA regulations under 14 CFR Part 107 and 49 USC 44809, with state-level rules added by Civil Code 1708.8 and Government Code 853 applying uniformly statewide.

New York has no comprehensive statewide drone statute. Federal FAA rules govern airspace, and localities (notably NYC Local Law 67 of 2023) set takeoff and landing restrictions. Recreational drones under 0.55 lb (250g) need no FAA registration; heavier drones require FAA Recreational ID.

Minimum Wage Preemption

California sets a statewide minimum wage floor under Labor Code 1182.12, currently $16.50 per hour for all employers as of 2025. Local governments are not preempted and may set higher minimums; many cities exceed the state rate substantially.

New York Labor Law §652 sets a tiered statewide minimum wage that preempts local minimum wage ordinances. As of 2024 the rate is $16.00/hr in NYC, Long Island, and Westchester County, and $15.00/hr in the rest of the state. The Legislature blocked NYC from setting a higher local wage.

Paid Leave Preemption

California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.

New York mandates paid sick leave under Labor Law § 196-b and paid family leave under Workers' Compensation Law Article 9, with statewide coverage that applies to nearly every private employer.

Coastal Development

The California Coastal Act, Public Resources Code sections 30000 through 30900, requires Coastal Development Permits for nearly all work in the coastal zone and gives the Coastal Commission appeal jurisdiction over local decisions.

New York Executive Law Article 42 and the Coastal Management Program require state and local agency actions in designated coastal areas to be consistent with statewide coastal policies enforced by the Department of State.

Stormwater Management

California Water Code sections 13260 and 13383 implement the federal Clean Water Act through statewide MS4 NPDES permits issued by the State and Regional Water Boards, binding all municipal stormwater dischargers uniformly.

New York Environmental Conservation Law and the SPDES program impose uniform statewide stormwater discharge permit requirements that apply to construction sites and MS4 communities regardless of local rules.

Neighbor Fence Rules

California Civil Code Section 841, the Good Neighbor Fence Act, presumes adjoining landowners share equal benefit and equal cost responsibility for boundary fences, applying statewide regardless of city ordinance.

Pool Barriers

California's Swimming Pool Safety Act in Health and Safety Code Section 115920 mandates statewide drowning prevention barriers around residential pools, with cities prohibited from adopting weaker standards.

New York's Uniform Code requires pool barriers statewide for residential swimming pools, setting minimum fence height, gate, and alarm standards that apply universally across all municipalities under Executive Law Article 18.

Retaining Walls

California Building Code under Title 24 universally requires permits and engineering for retaining walls over four feet measured from the bottom of the footing, applying statewide regardless of local variation.

Brush Clearance

California requires property owners in fire hazard zones to maintain 100 feet of defensible space around structures, applying uniformly across State and Local Responsibility Areas.

Fireworks

California uniformly prohibits possession, sale, and use of dangerous fireworks statewide, while permitting cities to further restrict or ban Safe and Sane fireworks locally.

New York Penal Law bans most consumer fireworks statewide. Only ground-based sparkling devices are legal, and counties must opt in to even allow those.

Outdoor Burning

California requires permits for most outdoor burning, with statewide CAL FIRE and Air Resources Board rules that uniformly apply alongside local air district restrictions.

New York prohibits residential brush burning statewide from March 16 to May 14 and bans burning household trash year-round under DEC regulation 6 NYCRR Part 215.

Propane Storage

California uniformly applies the State Fire Marshal's propane storage standards through the California Fire Code, which all local jurisdictions must enforce as a minimum.

New York's Uniform Fire Prevention and Building Code adopts NFPA 58 statewide, setting minimum propane container size, setback, and storage rules every locality must enforce.

Wildfire Zones

California uniformly classifies and maps Fire Hazard Severity Zones statewide, with mandatory building, disclosure, and defensible space rules tied to zone designations.

Concealed Carry

California regulates concealed carry weapons licenses statewide under Penal Code 26150 through 26225. Senate Bill 2 (2023) imposes uniform sensitive-place restrictions and applicant standards, preempting local variations on issuance criteria and qualifications.

New York requires a state-issued concealed carry license under Penal Law § 400.00, with mandatory training and a long list of statewide sensitive locations where carry is forbidden.

Firearms in Vehicles

California prohibits carrying loaded firearms in vehicles statewide under Penal Code 25400 and 25850. Unloaded handguns transported in private vehicles must be in a locked container or the vehicle's locked trunk; long guns must be unloaded but need not be locked.

New York Penal Law treats a vehicle as a public place for firearm purposes, requiring a valid pistol license to transport a handgun and strict storage rules for long guns and ammunition statewide.

Local Firearms Preemption

California preempts most local firearm regulation under Government Code 53071 and Penal Code 25605, reserving licensing, registration, and manufacture authority to the state. However, local governments retain limited authority over discharge, sensitive places, and zoning of gun businesses.

New York does not have full state preemption of local firearms laws. Penal Law Article 265 sets the statewide floor, but localities — especially New York City — impose stricter licensing under the Sullivan Law (1911). Cities may regulate firearms in areas not occupied by state law.

Open Carry

California broadly prohibits open carry of firearms statewide under Penal Code 25850 (loaded firearms in public) and Penal Code 26350 (open carry of unloaded handguns). The prohibition applies uniformly across all California cities and counties without local variation.

New York effectively prohibits open carry of handguns statewide, and the Concealed Carry Improvement Act treats visible carry the same as concealed carry under license rules.

Food Truck Permits

California Retail Food Code (Health and Safety Code 113700-114437) sets uniform mobile food facility permit, equipment, and food safety standards enforced by counties statewide.

Vending Zones

California's Safe Sidewalk Vending Act (SB 946) preempts most local bans on sidewalk vending, allowing only objective health, safety, and welfare regulations.

Zoning Restrictions

While most home occupation rules are local, California Government Code section 65852.2 and Business and Professions Code provisions universally guarantee certain residential uses such as accessory dwelling units and licensed professional offices statewide.

Artificial Turf

Government Code 65850.3 prevents California cities and HOAs from banning drought-tolerant artificial turf installed at single-family residential properties.

Composting

SB 1383 requires every California resident and business to separate food scraps and yard waste from trash, with universal collection or on-site composting.

Native Plants

AB-1572 prohibits using potable water to irrigate non-functional turf at commercial, institutional, and HOA-common areas, accelerating native and low-water landscape conversions statewide.

Rainwater Harvesting

The 2012 Rainwater Capture Act allows California residents to capture rainwater from rooftops for non-potable outdoor use without a state water-right permit, preempting most local barriers.

Water Restrictions

California's State Water Resources Control Board issues statewide drought emergency regulations and waste prohibitions that apply to every household, overriding more lenient local rules.

Barking Dogs

New York Agriculture and Markets Law establishes statewide standards for dangerous and nuisance dogs, allowing local supplementation but providing universal owner liability and complaint procedures applicable in every municipality.

Abandoned Vehicles

California Vehicle Code sections 22651 and 22669 set uniform rules allowing peace officers and authorized agents to remove abandoned vehicles from public and private property after defined waiting periods, with statewide notice and lien procedures.

New York Vehicle and Traffic Law sets uniform definitions and removal procedures for abandoned vehicles statewide, governing how police and municipalities take custody of and dispose of derelict cars on public and certain private property.

Eviction Notice & Process

California evictions run through the unlawful detainer process. Under Code of Civil Procedure § 1161, nonpayment requires a 3-day notice to pay rent or quit (excluding weekends and holidays), and lease violations require a 3-day notice to cure or quit. No-fault terminations of covered tenancies require 30, 60, or 90 days. Self-help lockouts are illegal.

Before filing a nonpayment eviction, a New York landlord must serve a 14-day written rent demand under RPAPL Section 711. The demand requires, in the alternative, payment of rent or surrender of possession. Holdover cases instead use the 30/60/90-day notice tied to length of tenancy.

Just Cause Eviction

Civil Code 1946.2 requires landlords statewide to have just cause to terminate tenancies of qualifying tenants who have lived in a covered unit at least 12 months.

New York's Good Cause Eviction Law (RPL Article 6-A) limits evictions and rent hikes for covered tenants in NYC by default, with optional adoption by other municipalities.

Late Fees & Grace Periods

California sets no fixed dollar or percentage cap on rent late fees, but a late fee in a residential lease is treated as liquidated damages. Under Civil Code § 1671, such a fee is valid only if it reasonably estimates the landlord's actual loss from late payment; arbitrary penalty fees are unenforceable.

Real Property Law Section 238-a, added by the 2019 HSTPA, caps residential late fees at $50 or 5% of the monthly rent, whichever is less, and bars any late fee until rent is more than five days overdue. Lease provisions that try to waive these limits are void.

Lease Termination & Notice to Vacate

To end a California month-to-month tenancy, a tenant gives 30 days' written notice. A landlord gives 30 days if the tenant has lived there under a year, or 60 days if a year or more, under Civ. Code § 1946.1. AB 1482 requires just cause after 12 months; military and DV tenants may exit early.

To end a tenancy or decline to renew, a New York landlord must give written notice scaled to how long the tenant has lived in the unit under Real Property Law Section 226-c: 30 days for under one year, 60 days for one to two years, and 90 days for more than two years.

Rent Control

California limits annual rent increases statewide to 5% plus the local change in the cost of living, capped at 10%, under the Tenant Protection Act of 2019 (AB-1482). It also lets cities and counties enact their own stricter rent-control ordinances, subject to the limits of the Costa-Hawkins Rental Housing Act.

New York permits robust local rent regulation. Rent stabilization, governed by the Emergency Tenant Protection Act, plus a smaller legacy rent-control program, cap increases on covered units. Since the 2019 HSTPA, any locality with under-5% rental vacancy may opt in, and a Rent Guidelines Board sets each year's allowable increase.

Rent Increase Notice

California requires written notice before raising a month-to-month tenant's rent. Under Civ. Code § 827, increases of 10% or less in 12 months need 30 days' notice; increases above 10% need 90 days' notice. AB 1482 separately caps yearly increases on covered units.

New York requires advance written notice before a landlord raises rent 5% or more, or declines to renew a lease. The notice window scales with how long the tenant has lived in the unit: 30, 60, or 90 days under Real Property Law Section 226-c, enacted by the 2019 HSTPA.

Repairs & Habitability

California landlords must keep rentals fit to live in. Civil Code §§ 1941 and 1941.1, reinforced by Green v. Superior Court, imply a warranty of habitability covering plumbing, heat, water, electricity, and sanitation. If repairs fail after notice, a tenant may repair and deduct up to one month's rent under § 1942 or withhold rent.

Real Property Law Section 235-b imposes an implied warranty of habitability in every residential lease. Premises must be fit for human habitation and free of conditions dangerous to life, health, or safety. The right cannot be waived, and tenants may recover rent abatement for breaches.

Security Deposit Rules

As of July 1, 2024, California landlords may collect no more than one month's rent as a security deposit, regardless of whether the unit is furnished. The deposit, minus any lawful deductions, must be returned with an itemized statement within 21 days after move-out, or the landlord risks penalties of up to twice the deposit.

Since the 2019 Housing Stability and Tenant Protection Act, New York landlords cannot collect a security deposit larger than one month's rent. Within 14 days after a tenant vacates, the landlord must return the deposit with an itemized statement of any deductions. Missing that deadline forfeits the right to keep any portion.

Squatter's Rights & Adverse Possession

California adverse possession requires five years of continuous, open, hostile possession AND payment of all property taxes during that period under Code of Civil Procedure § 325. A squatter or trespasser who has not paid taxes gains no ownership and can be removed by unlawful detainer, ejectment, or a police trespass action.

New York's adverse possession period is 10 years of continuous, exclusive possession under RPAPL Sections 501 and 511. A 2024 budget amendment to RPAPL Section 711 clarified that squatters are not tenants, making it easier for owners and police to remove unauthorized occupants who have not met the 10-year threshold.

Insurance Requirements

California law requires hosting platforms to verify or disclose liability insurance for short-term rental listings, applying uniformly across all California cities.

Taxes & Fees

New York imposes state sales tax and a hotel-style occupancy tax on short-term rentals statewide and now requires a state registry under recent legislation.

Political Signs

California Civil Code Section 4710 universally prohibits homeowner associations from banning noncommercial political signs on owner-occupied separate interest property, overriding any local HOA covenant.

Plastic Bag Rules

California prohibits grocery stores and large retailers from providing single-use plastic carryout bags under Public Resources Code 42280-42288, enacted by SB 270 (2014) and ratified as Proposition 67 in 2016. Recycled paper or reusable bags require a 10-cent minimum charge.

The New York Bag Waste Reduction Law (Environmental Conservation Law §27-2801, enacted 2019, enforced March 2020) bans most single-use plastic carryout bags statewide. Counties and cities may impose a 5-cent paper bag fee. Reusable bags and certain product bags are exempt.

Plastic Straw Rules

California Public Resources Code 42270-42273, enacted by AB 1884 (2018), prohibits full-service restaurants from providing single-use plastic straws unless requested by the customer. The on-request rule applies uniformly to dine-in restaurants statewide.

HOA Restrictions

Civil Code section 714 voids HOA covenants and rules that prohibit or unreasonably restrict residential solar energy systems, preempting private and local restrictions.

Real Property Law section 335-b prohibits homeowners associations from enforcing covenants that unreasonably restrict installation of solar collectors on owner-occupied homes statewide.

Panel Permits

California's Solar Rights Act and the SolarAPP+ mandate (SB 379) require expedited permit review of small residential solar systems, preempting restrictive local processes.

New York's Unified Solar Permit and Real Property Law section 335-b limit how municipalities may regulate residential solar installations, ensuring permit access statewide.

Above-Ground Pools

California's Swimming Pool Safety Act covers above-ground pools deeper than 18 inches, requiring uniform drowning-prevention features and barriers regardless of pool type.

Above-ground swimming pools holding more than 24 inches of water fall under the New York Uniform Code, requiring permits, barriers, and electrical inspections statewide.

Fencing Requirements

California Health and Safety Code sections 115920-115929 (Swimming Pool Safety Act) impose statewide minimum fencing and drowning-prevention standards for new and remodeled residential pools.

The Uniform Code imposes mandatory pool barrier requirements statewide, including minimum 48-inch fences, self-closing gates, and alarms for residential swimming pools.

Hot Tub Rules

Hot tubs and spas fall under California's Swimming Pool Safety Act when capable of holding water deeper than 18 inches, requiring barriers, covers, or other approved safety features.

Hot tubs and spas in New York must meet Uniform Code barrier, electrical, and cover requirements, with public spas additionally regulated under Public Health Law Article 13-D.

Pool Permits

The New York State Uniform Fire Prevention and Building Code mandates building permits for residential and public pools statewide, with localities serving as enforcement agencies.

Safety Rules

California's Swimming Pool Safety Act and Title 24 Building Standards Code establish uniform anti-entrapment, drain cover, and safety equipment requirements for all residential pools.

Public Health Law Article 13-D and Subpart 6-1 of the State Sanitary Code impose uniform safety, water quality, and lifeguard rules for public pools across New York.

Flavored Tobacco Bans

California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in November 2022. The ban applies uniformly to all California retailers.

New York prohibits the sale of flavored vapor products statewide under Public Health Law § 1399-mm-1, allowing only tobacco-flavored e-liquid for legal retail sale.

Tobacco Age Restrictions

California prohibits sale of tobacco and vapor products to anyone under 21 statewide under Business and Professions Code 22958, enacted by SBX2-7 in 2016. The Tobacco 21 standard applies uniformly across all California jurisdictions.

New York Public Health Law §1399-cc raised the minimum age to purchase tobacco and vapor products to 21 (Tobacco 21 Act, signed 2019). New York also bans the sale of all flavored vapor products under Public Health Law §1399-mm-1 (emergency reg 2020, made permanent 2023).

Vape Retail Rules

California requires statewide licensing of tobacco and vape retailers under the STAKE Act and the Cigarette and Tobacco Products Licensing Act. Business and Professions Code 22970 establishes uniform retailer licensing, while local governments may adopt stricter rules.

New York requires state retail registration for every tobacco and vapor product seller and bans online or mail-order shipment of vape products directly to consumers statewide.

Heritage & Protected Trees

California provides statewide protections for native oak woodlands and heritage trees through CEQA review, Public Resources Code, and Forest Practice Rules that apply uniformly.