Following Gov. Hochul’s 2026 State of the State Address earlier this year, the New York State Gaming Commission released detailed draft measures for public comment.
Gov. Kathy Hochul has shared a preview of sweeping new measures drafted by the New York State Gaming Commission (NYSGC) that intend to better prevent New York youth from gambling online and increase gambling harm protections overall.
The draft measures, published on March 30, would establish activity triggers for patron checks, bar use of AI to target customers, and require biometric data in age verification procedures, among other changes.
“Mobile sports wagering is everywhere, enticing everyone — including our youth — to place bets without fully considering the consequences,” Gov. Hochul said in the announcement.
She added:
We need strong regulatory safeguards to prevent those under 21 from gambling, keep artificial intelligence from preying on gamblers, and require sports wagering operators [to] 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.”
Public Asked To Weigh In on Proposed Changes
During her 2026 State of the State address in January, Hochul directed the NYSGC to take the necessary action to ensure the safety of underage New Yorkers. She also asked the Commission to review ways to harness technology to help identify and assist those experiencing gambling harm.
Hochul noted that despite a legal gambling age of 21, evidence shows that youth have bypassed those restrictions.
It is evident that underaged individuals have placed wagers using lawfully established accounts or have otherwise found a way to gamble.”
To address those concerns, the Commission published two draft regulations containing proposed protections to strengthen responsible gambling policy and protect New York youth.
- Potential Rulemaking for Underage Play Prevention (9 NYCRR § 5402.4)
- Potential Rulemaking for Responsible Gaming (9 NYCRR Part 5404)
The Commission is now seeking public feedback on the measures before making a formal proposal.
Responses from the sports betting industry, responsible gaming advocates, and problem gambling treatment professionals are almost a given. But the Commission is also asking the wider community to weigh in, including parent-teacher organizations, schools, and religious organizations.
Gaming Commission Chair Brian O’Dwyer said in the announcement the NYSGC welcomes public input:
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.”
Comments on the draft language are open until May 15, 2026. Those wanting a say should email their thoughts to gamingrules@gaming.ny.gov.
Stakeholders Predict Unintended Consequences
The initial response to the draft regulations has, so far, been mixed.
Reactions from state officials and responsible gambling advocates have, unsurprisingly, been largely supportive.
In a statement, Office of Addiction Services and Supports Commissioner Dr. Chinazo Cunningham lauded the attempt to strengthen projections, particularly for youth.
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.”
Similarly, New York Council on Problem Gambling executive director Michelle Hadden called the Commission’s “swift action” a testament to New York’s commitment to problem gambling:
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.”
At the same time, the drafts have attracted scrutiny from the industry stakeholders.
These reactions are particularly present on social media, where users suggest the rules may have unintended consequences.
Others have a more balanced take, as evidenced by Dustin Gouker’s commentary in his newsletter yesterday.
I don’t want to get over my skis and weigh in on all of this without thinking it through. But suffice it to say there’s probably some good and bad in here. Banning anyone who facilitates underage gambling seems like a no-brainer, for instance. And I am guessing the biometric standards might be a bit aggressive.”
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