New York vs Texas: Local Ordinance Comparison (2026)

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.

Texas Health & Safety Code Chapter 487 limits cannabis dispensing to a small number of state-licensed Compassionate Use Program providers. There are no recreational dispensaries anywhere in Texas, and cities cannot license additional ones.

Home 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.

Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.

Minimum Wage Preemption

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.

Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.

Paid Leave Preemption

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.

Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.

Fireworks

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.

Texas Occupations Code Chapter 2154 governs fireworks sales and use, while Health & Safety Code Chapter 352 limits how cities and counties can restrict consumer fireworks. The State Fire Marshal licenses retailers across Texas.

Concealed Carry

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.

Texas authorizes License to Carry (LTC) holders to carry concealed handguns statewide under Government Code Chapter 411. Since 2021, permitless constitutional carry under HB 1927 also allows most adults 21 and older to carry without a license, with municipalities preempted from added restrictions.

Firearms in Vehicles

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.

Texas Penal Code 46.02(a-1) lets any non-prohibited adult lawfully carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry, provided the firearm is not in plain view and the person is not engaged in criminal activity or gang membership.

Local Firearms Preemption

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.

Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.

Open Carry

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.

Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.

HOA vs. City Rules

New York voids HOA bans on solar power and EV charging. Real Property Law § 342 (Solar Rights Act) makes any restriction effectively prohibiting a solar system unenforceable and void; RPL § 343 does the same for electric-vehicle charging stations. U.S.-flag display is protected by the federal Freedom to Display the American Flag Act.

Texas law overrides HOA covenants on several fronts: Tex. Prop. Code § 202.010 bars associations from prohibiting solar energy devices, § 202.012 protects the U.S., Texas, and military flags, § 202.009 protects political signs in the pre-election window, and § 202.018 protects religious items at a dwelling's entry. Each allows only limited, reasonable restrictions.

Cottage Food Operations

New York Agriculture and Markets Law preempts municipalities on the licensing and food safety rules for home-based food processors, requiring a uniform Home Processor exemption administered by the Department of Agriculture and Markets.

The Texas Cottage Food Law (Health & Safety Code Chapter 437, Subchapter A) authorizes home-based production and sale of certain non-potentially-hazardous foods statewide. Cities and counties cannot prohibit cottage food operations or require permits for them.

Home Daycare

New York Social Services Law preempts municipalities from imposing additional licensing on family or group family day care homes and requires the Office of Children and Family Services to regulate child care uniformly across the state.

Texas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must follow state minimum standards, and cannot be banned solely by zoning.

Sanctuary Policy Preemption

New York's Green Light Law limits state and local cooperation with federal immigration enforcement and shields DMV records, applying uniformly to every county, city, town, and village in the state.

Texas Government Code Chapter 752, enacted by Senate Bill 4 in 2017, prohibits any local entity, campus police department, or jail from adopting sanctuary policies. Local officials must honor federal immigration detainer requests and may not bar officers from inquiring about immigration status.

EV Charging

New York has adopted statewide building code and Public Service Commission rules governing EV charging installation, accessibility, and utility interconnection that apply uniformly to municipalities, while leaving local zoning of station siting available.

Texas Property Code 202.019 prevents HOAs from prohibiting electric vehicle charging stations at a homeowner's dwelling. Owners across Texas may install Level 2 chargers in their garages or driveways subject only to reasonable conditions.

Eviction Notice & Process

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.

Under Tex. Prop. Code § 24.005, a Texas landlord must give a defaulting or holdover tenant at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, unless the lease sets a different period. After the notice expires the landlord files in justice court; only a court-ordered writ of possession can remove the tenant.

Just Cause Eviction

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.

Texas Property Code Chapter 24 sets the exclusive procedure for residential evictions statewide. Cities cannot require landlords to show 'just cause' to terminate a month-to-month tenancy or refuse renewal, beyond the state's notice rules.

Landlord Entry & Notice

New York has no statewide statute setting a fixed advance-notice period for landlord entry. Instead, a tenant's right to quiet enjoyment requires reasonable notice at a reasonable time, except in emergencies. New York City and some localities impose specific entry rules by ordinance.

Texas has no statute requiring a landlord to give advance notice before entering a residential rental unit. Whether and how much notice is required is governed entirely by the lease. If the lease is silent, no advance notice is statutorily mandated, though landlords cannot use entry to harass or retaliate under Tex. Prop. Code Ch. 92.

Late Fees & Grace Periods

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.

Under Tex. Prop. Code § 92.019 a residential late fee must be reasonable and may be charged only if written in the lease and the rent stays unpaid two full days after due. A fee is deemed reasonable at up to 12% of rent for a structure with four or fewer units, or 10% for larger structures.

Lease Termination & Notice to Vacate

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.

Under Tex. Prop. Code § 91.001, either party may end a month-to-month tenancy by giving notice, and the tenancy ends on the later of the date in the notice or one month after notice is given. Shorter rent-paying periods need notice equal to that period. A written lease may set a different period, and fixed terms simply expire.

Rent Control

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.

Texas law forbids cities from adopting rent control. A municipality may not establish rent control unless its governing body finds a housing emergency caused by a disaster and the governor approves the ordinance. There is no statewide rent cap, and in practice no Texas city has rent control. Landlords set increases freely.

Rent Increase Notice

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.

Texas has no statute capping residential rent or requiring advance notice before a rent increase. Amount and timing are governed entirely by the lease. On a month-to-month tenancy a landlord changes rent by serving the one-month notice under Tex. Prop. Code § 91.001. Fixed-term rent is locked until the term ends.

Repairs & Habitability

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.

Under Tex. Prop. Code § 92.052 a landlord must make a diligent effort to repair conditions that materially affect an ordinary tenant's health or safety after proper notice. Section 92.056 sets the notice process and a rebuttable presumption that seven days is reasonable; § 92.0561 lets a tenant repair and deduct, capped at one month's rent or $500.

Security Deposit Rules

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.

Texas places no statutory limit on how much a landlord can charge for a security deposit. However, the landlord must refund the deposit within 30 days after the tenant surrenders the premises. A landlord who keeps a deposit in bad faith faces $100 plus three times the wrongfully withheld amount, plus the tenant's attorney's fees.

Plastic Bag Rules

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.

The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.

Polystyrene Foam Rules

New York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.

Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.

Fencing Requirements

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

Texas Health & Safety Code Chapter 757 establishes minimum pool yard enclosure requirements statewide, including a 48-inch fence height, self-closing self-latching gates, and limits on climbable surfaces. The rules apply to multi-unit residential pools across all Texas cities.

Safety Rules

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.

Texas Health & Safety Code Chapter 757 sets statewide pool yard enclosure, drain cover, and entrapment prevention standards for residential, multi-unit, and public swimming pools. The rules apply uniformly across every Texas city and county.

Tobacco Age Restrictions

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).

Texas Health and Safety Code Chapter 161 sets the minimum age for purchasing or possessing tobacco and e-cigarette products at 21 statewide, aligned with federal Tobacco 21. Active military members 18 and older are exempt. The standard applies uniformly across all Texas municipalities.