Are Home games legas

[rhinoj1]

Any opinion would be greatly appreciated. Are home games legal. I live in NY. Some have told me that the only thing that makes it illegal is taking a rake on cash games. Others have told me that taking money on tournaments is illegal. But I dont understand because if the person is renting space and had to buy the chips and tables full and pay the dealers why is it illegal.
thanks for any help.
josh