Staten Island can secede from NYC, but only by clearing a specific chain of approvals under New York State law: residents must demonstrate a clear local mandate, the State Senate and State Assembly must both pass authorizing legislation, and the governor must sign it. The borough came closest in 1993, when 65% of voters backed leaving, and the effort still died in the Assembly. The law hasn’t changed since. Neither have the politics.
Who Actually Decides — the State, Not the City
The power to redraw New York City’s boundaries belongs to Albany. Under the New York State Constitution, local governments are created by the state and take their powers from it. Article IX’s “home rule” protections cover a city’s “property, affairs or government,” but they don’t reach questions about municipal borders.1Ballotpedia. Article IX, New York Constitution The Municipal Home Rule Law of 1963 spells out what localities can do on their own, and splitting a city apart isn’t on the list.2NY.Gov. Local Government Home Rule Power
That allocation of power was tested during the 1990s push. New York City sued, arguing that state legislation enabling a Staten Island secession study violated its home rule rights. In City of New York v. State of New York, the Court of Appeals — New York’s highest court — disagreed. The enabling law, Chapter 773 of the Laws of 1989, was purely advisory. It didn’t authorize secession or commit the state to it, so it required no approval from the city itself.3Cornell Law. The City of New York, et al., Appellants, v. The State of New York, et al., Respondents
The practical takeaway: the state legislature can study, plan for, and ultimately authorize secession without New York City’s consent. The city has no legal veto.
Step 1: A Local Mandate from Staten Island Voters
Before the legislature would seriously consider carving up the nation’s largest city, Staten Island has to show its residents want out. In the 1990s that took the form of a non-binding referendum authorized by state law.
Chapter 773 of the Laws of 1989 built the machinery. It created a charter commission made up entirely of Staten Island residents, charged with studying whether secession was feasible and drafting a charter for a potential new city. The commission’s work led to a November 2, 1993 referendum asking voters whether they supported secession and the proposed charter. Sixty-five percent said yes.4Fordham Urban Law Journal. The Legality of Staten Island’s Attempt to Secede from New York City
That vote was always advisory. As the Court of Appeals emphasized, no proposal from the charter commission could become law on its own. What it did was give secession advocates a concrete number to carry to Albany. In early 1994, the charter commission presented proposed secession legislation to Governor Mario Cuomo and legislative leaders.
Step 2: Passage Through Both Houses of the State Legislature
This is where secession lives or dies. A bill authorizing Staten Island’s separation would have to pass the State Senate and the State Assembly by simple majority.5New York State Senate. How a Bill Becomes a Law Simple on paper. Brutal in practice. Legislators from across the state would be voting on whether to restructure New York City, and most of them have no political reason to say yes.
The 1990s effort showed how it plays out. The State Senate was willing to consider the legislation. The Assembly wasn’t. Assembly Speaker Sheldon Silver, who represented a Manhattan district, effectively killed the bill. Silver argued the City Council needed to send a “home rule message” endorsing secession, a position the Court of Appeals had already rejected. The legal argument didn’t have to hold up; the Speaker controlled which bills reached the floor, and this one never did.
The opposition wasn’t one person. Members from the other four boroughs feared the fallout of losing a borough: municipal bond market reactions, disentangled service contracts, and the political problem of explaining to constituents why their taxes might rise so Staten Island could leave. Building a coalition across the full legislature is the hardest part of the process. It’s where every attempt has stalled.
Step 3: The Governor’s Signature
If a secession bill cleared both chambers, it would go to the governor, who can sign it into law or veto it.6New York State Library. Bill, Veto and Recall Jackets A veto can be overridden by a two-thirds supermajority in both houses, but assembling that kind of support on an issue this divisive is close to impossible.5New York State Senate. How a Bill Becomes a Law
No governor has ever had to make the call. The process has never advanced past the Assembly.
What an Independent Staten Island Would Have to Build
The legal steps get the attention, but the practical challenges of running a new city may be harder. A 2024 report from the Independent Budget Office, an official New York City agency, estimated that an independent Staten Island would face a budget gap of at least $170 million. The borough currently benefits from the city’s economies of scale, and those savings would disappear.
The new city would have to build or negotiate:
- Emergency services. Staten Island would need its own fire department, and standing up a police force would be enormously expensive. The NYPD’s annual budget exceeds $5 billion, and even a proportional share would strain a small city.
- Basic city services. Trash collection, snow removal, hospital operations, and school administration would all fall to the new government.
- Transportation. Most bus routes would stay, since the MTA is a state agency and Staten Island falls within its service district. The Staten Island Ferry is run by New York City; it would probably keep running, but it might not stay free.
- Utilities and contracts. The new city would need its own agreements with providers like Spectrum and Verizon rather than riding existing city contracts.
- Governance. Staten Island would become an independent city within New York State, with control over its own zoning, school boards, and curriculum. That local control is part of the appeal for secession advocates.
The revenue side isn’t hopeless. Staten Island residents pay substantial property taxes and other city levies that would stay local instead of flowing to the citywide budget. Whether those revenues would cover the cost of independence is the central fiscal question, and the IBO’s analysis suggests they likely wouldn’t without tax increases or service cuts.
Where the Movement Stands Now
Secession talk on Staten Island has never fully gone away, and it flares up whenever borough residents feel particularly alienated from City Hall. The dynamics that drove the 1993 vote — political and cultural distance from the rest of the city, frustration with city policies, and a sense the borough gives more than it gets — are largely intact.
The idea has also taken a new turn. In early 2026, a majority of the New Jersey Assembly Republican caucus introduced a bill to create a Special Committee on Staten Island Annexation, exploring whether the borough might join New Jersey instead of becoming an independent city. That path faces even steeper legal hurdles: transferring territory between states requires congressional approval under the U.S. Constitution.
The legal route for secession itself hasn’t changed since the 1990s. Any future attempt would follow the same three steps: demonstrate local support, pass a bill through the full state legislature, and get the governor’s signature. The Court of Appeals has already settled the home rule question in secession advocates’ favor. The obstacle has never been the law. It’s been the politics of persuading legislators across New York State that breaking up New York City is worth the risk.