US-New YorkCan a business charge excessive prices during a declared emergency in New York?
No, businesses in New York cannot charge excessive prices during a declared emergency — doing so may violate the state's price gouging law, which prohibits charging unconscionably high prices for essential goods and services.
What the Law Says
New York’s Executive Law § 392 prohibits price gouging during a state of emergency. It defines when pricing becomes illegal and outlines enforcement authority.
Under New York law, it is illegal for any person or business to sell or offer to sell essential goods or services at an 'unconscionably excessive price' during a declared state of emergency. An emergency must be proclaimed by the Governor and remain in effect for at least 30 days for this law to apply.
The law presumes a price is 'unconscionably excessive' if it increases by more than 25% compared to the price charged during the 30 days before the emergency declaration — unless the seller can prove the increase was directly tied to higher costs (e.g., supply chain, labor, or transportation).
Essential goods and services include items like food, water, fuel, generators, batteries, medical supplies, housing, and transportation — especially those needed for health, safety, or welfare during the emergency.
Statutory Textno person, firm, corporation or other commercial entity shall sell or offer to sell any essential good or service at an unconscionably excessive price during a period of abnormal market disruption
— Executive Law § 392(2) — Prohibition on price gouging
Statutory Texta price is unconscionably excessive if it grossly exceeds the price at which the same or similar goods or services were readily obtainable in the trade area during the thirty days immediately prior to the onset of the abnormal market disruption
— Executive Law § 392(3)(a) — Definition of unconscionably excessive price
Statutory Textthe attorney general may bring an action for injunctive relief, civil penalties not to exceed twenty-five thousand dollars per violation, and restitution
— Executive Law § 392(5) — Enforcement and penalties
What to Do
Check the NYS Division of Consumer Protection website or call 1-800-697-1220 to confirm whether a state of emergency is active.
Compare current prices to those from the 30 days before the emergency declaration — keep receipts or screenshots as evidence.
Report suspected price gouging to the NYS Attorney General’s Office online at ag.ny.gov/price-gouging or by calling 1-800-771-7755.
If you paid an inflated price, request a refund — sellers found in violation may be ordered to provide restitution.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.