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New York · OwnershipForeign buyers in New York: noncitizens hold real property on the same terms as citizens

New York's Real Property Law answers the ownership question directly. A citizen of the United States can hold real property in the state and take it by descent, devise or purchase, and noncitizens are empowered to take, hold, transmit and dispose of real property within the state in the same manner as native-born citizens, with their heirs and devisees taking in the same manner as citizens (RPL §10(1)–(2)). A foreign government may hold, transmit and dispose of real property to maintain offices and residences for its ambassadors, consular officers and representatives to the United Nations; title may be taken in the government's name or in the name of its ambassador, consul or minister to the United Nations, and when a conveyance shows the intent to vest title in the office, title passes to successors in that office without a further conveyance (RPL §10(3)). The statute deals with capacity to own; federal tax withholding when a foreign person sells, and the state's transfer taxes, are separate questions for the closing.

What the statute sets

  1. Citizens (RPL §10(1))

    May hold real property and take it by descent, devise or purchase.

  2. Noncitizens (RPL §10(2))

    Take, hold, transmit and dispose of real property like native-born citizens.

  3. Foreign governments (RPL §10(3))

    May hold property for diplomatic, consular and UN offices and residences.

  4. Successors (RPL §10(3))

    Title vested in the office passes to successors without a new deed.

What the TC does when a New York buyer or seller is a foreign person

  • Confirm how the buyer will take title – individually, through an entity or, for a government, in the name of the office.
  • If the seller is a foreign person, flag federal withholding to the closing attorney early.
  • Collect identification and any entity documents the title company requires.

Questions about foreign buyers in New York

Can a noncitizen buy a house in New York?

Yes. Noncitizens are empowered to take, hold, transmit and dispose of real property in New York in the same manner as native-born citizens (RPL §10(2)).

Can a foreign government own property in New York?

Yes, to maintain offices and residences for its ambassadors, consular officers and United Nations representatives (RPL §10(3)).

Related guides

Track identification, entity documents and withholding questions as tasks on the deal in ClosingCode.

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Source: RPL §10 (nysenate.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.