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Homestead Exemption Laws in New York

New York protects a principal residence up to an amount that depends on the county: $204,825, $170,700 or $102,400 for cases from April 1, 2024, with the next adjustment due April 1, 2027.

Last checked . General information, not legal advice.

New York at a glance

Exemption amount
$102,400 to $204,825, by county
$204,825 in NYC, Nassau, Suffolk, Rockland, Westchester, Putnam; $170,700 in Dutchess, Albany, Columbia, Orange, Saratoga, Ulster; $102,400 elsewhere. Effective April 1, 2024.
Unlimited in value
No
Acreage limit
No acreage limit
The exemption covers a lot of land with a dwelling, a co-op, condo unit or mobile home.

Sources

Last checked

The rules in New York

How much home equity does the homestead exemption protect in New York?

Exemption amount in New York: $102,400 to $204,825, by county. $204,825 in NYC, Nassau, Suffolk, Rockland, Westchester, Putnam; $170,700 in Dutchess, Albany, Columbia, Orange, Saratoga, Ulster; $102,400 elsewhere. Effective April 1, 2024.

Is the homestead exemption unlimited in value in New York?

No. Unlimited in value in New York: no.

Is there an acreage limit on the homestead exemption in New York?

Acreage limit in New York: No acreage limit. The exemption covers a lot of land with a dwelling, a co-op, condo unit or mobile home.

Where do the New York homestead exemption laws come from?

The rules above come from N.Y. CPLR 5206(a) and N.Y. CPLR 5253. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under CPLR 5253 the amounts are adjusted for inflation every three years and published by the Department of Financial Services. The statute text still shows the 2009 base amounts of $150,000, $125,000 and $75,000.

What this means in practice

The exemption applies to equity, not to the full value of the home. Equity is the market value minus the mortgages and other liens on the property. A lender that holds a mortgage on the home, and certain other claims such as taxes on the property, can usually still be enforced against it regardless of the exemption.

Check whether you need to take a step to claim the protection. Some states protect a home automatically once it is your residence, while others require you to record a homestead declaration with the county or to claim the exemption in court when a creditor tries to collect.

In bankruptcy, federal law can limit a state homestead exemption for a home bought within a set period before the filing, and residency rules decide which state's exemptions apply if you moved recently. Some states also let filers choose the federal bankruptcy exemptions instead of the state list. A bankruptcy attorney can confirm which rules apply to your situation.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.