EXHIBIT 5

                            NIXON PEABODY LLP

                            ATTORNEYS AT LAW

                        CLINTON SQUARE, BOX 31051

                     ROCHESTER, NEW YORK 14603-1051

                             (716) 263-1000

                           FAX: (716)263-1600



                            JANUARY 22, 2001


HOME PROPERTIES OF NEW YORK, INC.
850 CLINTON SQUARE
ROCHESTER, NEW YORK 14604

GENTLEMEN:

We have acted as counsel to Home Properties of New York, Inc. (the
"Company") in connection with the Registration Statement on Form S-3 (the
"New Registration Statement") which relates to the issuance of an
additional 1,800,000 shares for optional cash purchases and 750,000
shares for divident reinvestment (the "Additional Shares") of Common
Stocj, par value $.01 per share, inder the Company's Dividend
Reinvestment and Stock Purchase Plan, as restated and amended (the
"Plan"). The prospectus forming a portion of the New Registration
Statement combines with, supplements and replaces the prospectus
contained in Registration Statements on Form S-3, Registration Nos. 333-
96004 and 333-58799 filed by the Company with the Securities and Exchange
Commission under the Securutues Act of 1933, as amended. We have examined
the originals or copies, certified or otherwise identified to our
satisfaction, of all such records of the Company and all such agreements,
certificates of public officials, certificates of officers or other
representatives of the Company, and such other documents, certificates
and corporate or other records as we have deemed necessary or appropriate
as a basis for the opinions set forth herein, including (i) the Articles
of Amendment and Restatement of the Articles of Incorporation of the
Company, as amended to the date hereof, (ii) the Amended and Restated By-
Laws of the Company, as amended to the date hereof, (iii) certified
copies of certain resolutions duly adopted by the Board of Directors and
stockholders of the Company, and (iv) the Plan and such other documents
and information as we have determined to be relevant.

Based upon the foregoing, it is our opinion that the Additional Shares
have been duly authorized, and, after the additional shares shall have
been issued and delivered as described in the New Registration Statement
and the Plan and the consideration therefor shall have been received by
the Company, such Additional Shares will be validly issued, fully paid
and nonassessable.

We hereby consent to the filing of this opinion as an exhibit to the
above-referenced New Registration Statement and to the use of our name as
it appears under the caption "Legal Matters" in the prospectus contained
in such Registration Statement.

                            Very truly yours,

                            /S/ NIXON PEABODY LLP