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New York · Through 2026-09-11

N.Y. Municipal Home Rule § 40: Requests of local governments for enactment of special laws relating to their property, affairs or government

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Where this section sits in the code
  1. Municipal Home Rule
  2. Article 5. Requests of Local Governments For Enactment of Special Laws Relating to Their Property, Affairs or Government

§ 40. Requests of local governments for enactment of special laws

relating to their property, affairs or government. The elective or

appointive chief executive officer, if there be one, or otherwise the

chairman of the board of supervisors, in the case of a county, the mayor

in the case of a city or village or the supervisor in the case of a town

with the concurrence of the legislative body of such local government,

or the legislative body by a vote of two-thirds of its total voting

power without the approval of such officer, may request the legislature

to pass a specific bill relating to the property, affairs or government

of such local government which does not in terms and in effect apply

alike to all counties, all counties other than those wholly included

within a city, all cities, all towns or all villages, as the case may

be. Such a request may be made separately by two or more local

governments affected by the same bill. Every such request shall declare

that a necessity exists for the passage of such bill by the legislature

and shall recite the facts establishing such necessity. The form of

request and the manner of its communication to the legislature shall

conform to rules promulgated by concurrent resolution of the senate and

assembly pursuant to article three-A of the legislative law. In adopting

such a request the legislative body shall be governed by the provisions

of subdivision one of section twenty of this chapter with regard to the

adoption of a local law. The validity of an act passed by the

legislature in accordance with such a request shall not be subject to

review by the courts on the ground that the necessity alleged in the

request did not exist or was not properly established by the facts

recited.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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