Protecting New Yorkers From Gambling Harms

Governor Kathy Hochul today previewed sweeping measures that would prevent youth from gambling online, bar sports wagering operators from using AI to target bettors, establish activity triggers that would require operators to check on their patron, and establish other innovative efforts to protect New Yorkers who are legally able to gamble from potential harms.

“Mobile sports wagering is everywhere, enticing everyone — including our youth — to place bets without fully considering the consequences,” Governor Hochul said. “We need strong regulatory safeguards to prevent those under 21 from gambling, keep artificial intelligence from preying on gamblers, and require sports wagering operators take real action if one of their customers is showing signs of gambling harm. I’m thankful to the Gaming Commission for putting forth comprehensive measures that achieve these goals and protect New Yorkers. As a reminder: Only legal, regulated gaming have such safeguards in place.”

In her 2026 State of the State address, Governor Hochul directed the New York State Gaming Commission to take appropriate action to ensure young people are not downloading betting apps, creating accounts or using others’ accounts. Governor Hochul also directed the Commission to consider ways to use new technology to assist with identifying and helping those who may need gambling addiction assistance.

The legal age to wager on sports in New York State is 21. The Commission requires all licensed operators to have appropriate age assurance tools to prevent those under 21 from creating and establishing an account using their identification. However, it is evident that underaged individuals have placed wagers using lawfully established accounts or have otherwise found a way to gamble. When such instances are encountered, the account is permanently closed.

The Gaming Commission has published two draft regulations detailing potential safeguards to protect youth and implement additional responsible gaming practices. The Commission is publicizing these measures before a formal proposal to get feedback not just from the sports wagering industry, responsible gaming advocates and problem gambling treatment professionals, but also from parent-teacher organizations, schools, religious organizations and more. The Commission is accepting comments on the draft language until May 15, 2026 via email to [email protected].

Gaming Commission Chair Brian O’Dwyer said, “As Governor Hochul rightly highlighted: No other form of gambling has pervaded our consciousness like sports wagering, and impressionable kids are constantly exposed to the practice. Per her direction, we have identified additional ways to protect our youth, help those who need it at the point of crisis, and keep legalized, regulated gaming safe for all New Yorkers. We look forward to hearing from the public on these important proposals.”

OASAS Commissioner Dr. Chinazo Cunningham said, “Problem gambling is often called a hidden addiction, because there are no outward physical signs. However, it can be just as devastating as addiction to substances. As gaming opportunities continue to expand, it is important that we strengthen our programs to keep those under 21 years old from participating in these activities. We look forward to hearing from the public on these proposed reforms, as we continue our efforts to prevent underage gambling and support Governor Hochul’s work to protect the health and well-being of all New Yorkers.”

New York Council on Problem Gambling Executive Director Michelle Hadden said, “The swift action taken by the Gaming Commission to draft and release these proposed measures in response to Governor Hochul's call to action is a testament to problem gambling being addressed as a serious issue in New York. Regulatory measures are a necessary part of ensuring that the gambling environment is for entertainment for those of legal age ONLY and are an important part of New York’s comprehensive public health approach. Vulnerability must not be preyed upon in these environments and we appreciate that clear action is being outlined and recommended by the Gaming Commission.”

State Senator Samra Brouk said, “Youth mental health is still a crisis in New York State. As Chair of the Senate Mental Health Committee, I applaud Governor Hochul for enacting measures that will protect our young people from online gambling and keep them safe from potential harm.”

Banning All Gaming Operators from Using AI to Target Customers

The Commission is considering restricting all licensees or franchisees — not just sports wagering — from using AI to offer personalized promotions or suggested wagers or wager amounts to a customer.

Further Preventing Underage Access

To further prevent underage individuals from accessing sports wagering in New York State, the Commission is considering:

• Requiring age-assurance and device registration controls to prevent any underage person from downloading or installing a gambling app on their device.
• Requiring individuals to provide biometric data to create an account to ensure the later user of the account is the same as the person who established the account. Current accountholders would be given two months to provide their biometric data, or their account would be closed.
• Requiring a bettor to provide their biometric ID before placing a wager in a session and again before the wager is accepted.
• Requiring sports wagering licensees to use geolocation controls to deny access when attempted from:
  • A mobile device other than the one normally used by the customer; or
    • Locations where the customer does not normally use the app unless they confirm their identity through biometric ID.
    • Preventing account access at two or more locations that are too far for the customer to be at the same or near the same time.
    • Giving adults the ability to prevent their Social Security number from being used to establish a sports wagering account, for a fixed period of time.

The Commission is also considering involuntarily banning any individual who allows an underage person to gamble from participating in any gambling in New York State. Such individuals would be prohibited from playing the New York Lottery, attending a horse race, attending a concert or eating at a restaurant at a commercial casino, etc. anywhere in New York State.

Operator Responsible Gaming Lead, Patron Action Triggers, and Phases of Intervention

The Commission is also considering a comprehensive responsible gaming proposal from New Jersey that would establish patron activity triggers for operator intervention and require each operator designate a Responsible Gaming Lead to implement regulatory requirements, including identifying and maintaining a list of at-risk patrons, ensuring at-risk patrons are provided with responsible gaming information and ensuring at-risk patrons are not presented with direct advertising materials; The lead will also undertake specific phases of interventions depending on the following triggers for operator intervention:

1. A patron's deposits exceed $10,000 over a 24-hour period
2. A patron's deposits exceed $100,000 over a 90-day period
3. A patron accesses the voluntary self-exclusion request page, but does not complete the self-exclusion process three or more times in a 30-day period
4. A patron requests a second cool-off period within 45 days of the conclusion of the first cool-off period
5. A patron makes three consecutive increases to any responsible gaming limits offered by the operator, without any decreases, within a seven-day period
6. A patron cancels withdrawal requests three times in a 10-day period
7. The total turnover of a patron's account exceeds $1,000,000 in a 90-day period
8. A patron's time spent logged into their account increases by 50 percent or more during the current week, compared to the immediately preceding two-week period
9. A patron ends two or more gambling or gaming sessions in the same week with a balance of less than $1 remaining in the account
10. A patron concludes two or more sessions in the same week with an increase in the total number of wagers from the previous session
11. A patron deposits funds from more than two sources within a 24-hour period
12. Any additional triggers identified by the operator to be potential indicators of problem gambling behavior
13. Any additional triggers identified by the Commission

The above triggers would require an appropriate phase of intervention by the operator:

Phase 1. The operator must contact the patron and provide information concerning the availability of the operator’s responsible gaming features, including time, loss and deposit limits, cool-off period options, self-exclusion requests and account closure procedures, as well as resources that can be accessed to support responsible gaming and to address problem gaming.

Phase 2. The operator must require the patron to view a video regarding gambling harms in order to continue wagering. The video must also describe the operator’s responsible gaming features.

Phase 3. The operator’s responsible gaming lead must contact the patron by phone, video call or such other approved method to discuss the behavior and to highlight all responsible gaming options offered by the operator. The responsible gaming lead must provide the patron with contact information for a responsible gaming professional as well as their own contact information. The responsible gaming lead also may refer the patron to emergency medical and/or mental health professionals or to law enforcement, if the responsible gaming lead determines that the patron may be at risk of harm to the patron’s own self or others. The patron's account shall remain suspended until the direct communication required by a phase-3 intervention is completed and results in a determination by the responsible gaming lead that the patron is not exhibiting problem gambling behavior. If, after a phase-3 intervention, the responsible gaming lead concludes that the patron is exhibiting signs of problem gaming, the patron's account shall be closed, and the patron shall be referred to available problem-gambling resources.

The full text of the draft regulations are online:

The Gaming Commission works closely with the New York State Office of Addiction Services and Supports (OASAS) and the New York Council on Problem Gambling as part of New York’s Responsible Play Partnership (RPP). The RPP brings all stakeholders together to address problem gambling, including bridging the gap between gaming facility operators and problem gambling treatment providers. The RPP works to ensure that all gaming entities in the state comply with all rules and regulations and provide access to help for individuals who need it. The RPP continues to work to advance New York’s ongoing commitment to prevent and treat problem gambling.

Those seeking help can visit NYProblemGamblingHelp.org or call New York State’s confidential HOPEline at 1-877-8-HOPENY (1-877-846-7369) or text HOPENY at 467369.