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NY · Kalshi · Checked Oct. 21, 2026

Is Kalshi legal in New York?

No restriction found New York: In litigation

The short answer

Kalshi does not publish a list of states where it is unavailable, and we found no court order, regulator action or Kalshi notice that stops it from serving New York as of Oct. 22, 2026.

New York has 8 public actions on record that name Kalshi. The latest (Oct. 7, 2026): New York's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299).

Federal appeals from New York go to the Second Circuit, where an appeal on the question is pending.

Availability: Kalshi Help Center: Signing Up as an Individual (updated March 10, 2026), checked Oct. 22, 2026. A summary of public actions, not legal advice.

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Cite this page

Bluebook

Is Kalshi Legal in New York?, Prediction Market Laws (last updated Oct. 22, 2026), https://predictionmarketlaws.com/platforms/kalshi/new-york.

APA

Prediction Market Laws. (2026, October 22). Is Kalshi Legal in New York?. https://predictionmarketlaws.com/platforms/kalshi/new-york

What New York has done about Kalshi

  1. Other development

    New York's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299).

    Source: Ohio et al. amicus brief, U.S. Supreme Court No. 26-299

  2. Other development

    The CFTC issued an emergency order, citing a market emergency, directing Kalshi to keep operating normally despite New York's request for a restraining order.

    Source: Bettors Insider

  3. Court order

    Judge Jed Rakoff, sitting in for the assigned judge, denied the United States' emergency request for a TRO halting the attorney general's case against Kalshi.

    Source: Ball Is Life / Derek Helling

  4. State lawsuit

    The attorney general sued Kalshi in New York County Supreme Court (No. 453272/2026), alleging an unlicensed gambling business and seeking an injunction, restitution, disgorgement and treble penalties; Kalshi removed the case to federal court.

    Source: Governor and Attorney General press release

  5. Court order

    A Second Circuit motions order denied Kalshi a temporary injunction pending appeal and referred its motion to a three-judge panel; the appeal is to be heard in tandem with two related appeals.

    Source: Second Circuit docket No. 26-1835 (Justia)

  6. Court order

    Judge Analisa Torres denied Kalshi's preliminary injunction, finding preemption unlikely, and dismissed the Gaming Commission itself on immunity grounds; Kalshi appealed (2d Cir. No. 26-1835).

    Source: S.D.N.Y. opinion and order, KalshiEX v. Williams

  7. Operator lawsuit

    Kalshi sued the Gaming Commission and its commissioners in the Southern District of New York (No. 1:25-cv-08846), arguing federal preemption.

    Source: S.D.N.Y. opinion and order, KalshiEX v. Williams

  8. Cease-and-desist

    The State Gaming Commission ordered Kalshi to stop offering what it called an unlicensed mobile sports wagering platform.

    Source: S.D.N.Y. opinion and order, KalshiEX v. Williams

All 14 actions in New York

Open questions

Court cases

The legal backdrop in New York

State status
In litigationThe state and a prediction market operator are actively in court, and no order blocking the operator is in force.
Online sports betting
Legal onlineRetail and mobile sports betting; mobile launched Jan. 8, 2022.
Federal appeals court
Second CircuitAppeal pending.
Who regulates
New York State Gaming Commission; New York Attorney General
Laws and bills
1 on record

Using Kalshi in New York

Minimum age
18
Identity checks
Kalshi requires legal name, date of birth and a residential address (no commercial addresses or PO boxes) that match a government ID. It asks for a live in-app photo of a driver's license or passport. It may also ask for proof of address, employment information or source of funds. It may request a Social Security number at any point after signup, which it uses for identity verification and tax reporting; an SSN is not required to deposit. (Help articles updated June 30 and August 25, 2026.) Source
Tax forms
Kalshi says users who meet IRS reporting thresholds get Form 1099-INT (interest), 1099-MISC (credits and rewards), 1099-B (proceeds from crypto transfers) and 1099-DA (digital asset reporting from ZeroHash). The forms appear under Tax Info in the Account tab, and some are emailed through Zenwork. Kalshi gives no dollar thresholds or issue dates. Trading profit-and-loss statements are in the documents tab (help article updated June 22, 2026). SourceWhat the platform says it reports; not tax advice.

Other platforms in New York

Questions people ask

Is Kalshi legal in New York?
Kalshi does not publish a list of states where it is unavailable, and we found no court order, regulator action or Kalshi notice that stops it from serving New York as of Oct. 22, 2026. New York has 8 public actions on record that name Kalshi. The latest (Oct. 7, 2026): New York's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299). This summarises public actions; it is not legal advice.
Has New York sued Kalshi or ordered it to stop?
Yes. Aug. 3, 2026: Judge Jed Rakoff, sitting in for the assigned judge, denied the United States' emergency request for a TRO halting the attorney general's case against Kalshi. July 31, 2026: The attorney general sued Kalshi in New York County Supreme Court (No. 453272/2026), alleging an unlicensed gambling business and seeking an injunction, restitution, disgorgement and treble penalties; Kalshi removed the case to federal court. July 29, 2026: A Second Circuit motions order denied Kalshi a temporary injunction pending appeal and referred its motion to a three-judge panel; the appeal is to be heard in tandem with two related appeals. July 7, 2026: Judge Analisa Torres denied Kalshi's preliminary injunction, finding preemption unlikely, and dismissed the Gaming Commission itself on immunity grounds; Kalshi appealed (2d Cir. No. 26-1835). Oct. 24, 2025: The State Gaming Commission ordered Kalshi to stop offering what it called an unlicensed mobile sports wagering platform.
How old do you have to be to use Kalshi in New York?
18. That is Kalshi's minimum age, and it lists no different rule for New York.
Is sports betting legal in New York?
Legal online. Retail and mobile sports betting; mobile launched Jan. 8, 2022.
Which court will decide whether New York can regulate Kalshi?
Federal appeals from New York go to the Second Circuit, where an appeal on the question is pending. 3 petitions now ask the U.S. Supreme Court to settle the question nationally.

Sources

  1. Kalshi Help Center: Signing Up as an Individual (updated March 10, 2026)
  2. Ohio et al. amicus brief, U.S. Supreme Court No. 26-299
  3. Bettors Insider
  4. Ball Is Life / Derek Helling
  5. Governor and Attorney General press release
  6. Second Circuit docket No. 26-1835 (Justia)
  7. S.D.N.Y. opinion and order, KalshiEX v. Williams
  8. New York sports betting status

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