Squatter’s Rights in New York

In New York, squatting (occupying someone’s property without permission) is illegal and considered a form of trespassing. Until recently, squatters could gain certain tenant rights after living on a property for 30 days, making eviction challenging. However, as of April 22, 2024, New York law explicitly states “A tenant shall not include a squatter,” significantly weakening squatters’ legal standing.

Despite this change, New York’s adverse possession laws still allow long-term squatters to attempt claiming ownership after 10 years of continuous occupation if they meet strict requirements. To successfully claim adverse possession, squatters must prove seven essential elements: under claim of right (reasonable belief the property is theirs), acquisition of title, continuous 10-year occupancy, hostile occupancy (without owner permission), open and notorious occupancy (visible presence), exclusive occupancy (sole occupants), and payment of property taxes throughout their stay.

Landlords can legally remove squatters by following proper eviction procedures: documenting evidence, serving a 10-day Notice to Quit, filing an eviction lawsuit if necessary, attending court hearings, and using a Warrant of Eviction with law enforcement assistance. Self-help evictions (changing locks, shutting off utilities) remain illegal.

To prevent squatter situations, property owners should visit frequently, secure all entry points, maintain a lived-in appearance, install security systems, and enlist neighbors to report suspicious activity. The most effective prevention is keeping properties occupied with legitimate tenants through proper screening and leasing processes.