When can cities overrule New York state?
Author’s note: I’m currently in a New York state government class via Maximum New York. I’ll post some of my class writing on this Substack if I think it’s informative!
tl;dr:
Home rule is a legal principle that grants autonomy to local governments.
New York’s state constitution and other laws grant local governments in New York this autonomy.
However, the New York state government has a broad mandate to basically overrule Home Rule whenever it sees fit.
Still, New Yorkers should be aware of this doctrine since local governments can squabble with state law using this as an excuse.
Judges could shift the balance of power between states and cities in New York
A complicated national map
The United States constitution does not discuss local government power. The 9th and 10th Amendments delegate that responsibility to states. As a result, the amount of autonomy a local government has can vary substantially state-to-state.Â
Not all states grant local government Home Rule. Some states, like Iowa, grant very limited home rule powers to their local governments. Others install the idea at a certain population threshold or for certain types of local government.
Dillon's Rule versus Home Rule
Dillon's Rule is a legal principle named after a 19th-century judge. You can think of it as the opposite of Home Rule. It holds that local governments only have powers expressly granted to them by the state instead of broad autonomy. Some states put in place local governments that adhere closer to the Dillon’s Rule framework than Home Rule.
This doc from Nebraska’s Legislature shows the diversity of local government autotomy across the United States.
Examples of Home Rule conflicts in New York
Although sections of the New York Constitution contribute to Home Rule power and a 1963 Municipal Home Rule law attempts to further define it, practically speaking case law (e.g. court decisions) defines the boundaries of New York Home Rule. Some examples of Home Rule conflicts include:Â
A state payroll tax to finance New York City subways paid for by people who don’t live in New York City
The state transferring the power of granting taxi licenses from the New York City Council to the Mayor
As you can infer from these stories, judges could begin interpreting the Home Rule law to grant more autotomy to local governments away from state interference.
The exact mechanics of how local governments can use their Home Rule power can also be contested. For example, a New York appellate court recently ruled that New York City would have to pass a bill allowing non-citizens to vote using a voter referendum instead of a local legislature vote.