New Squatter Law in NY: What Changed in 2024, the 30-Day Myth and Adverse Possession (2026)
Short answerPartly. The new squatter law in NY, signed April 22, 2024, says a squatter is not a tenant, but an owner still needs a court case to remove one. Squatting is not a lawful way to get a home. See RPAPL § 711 and RPAPL § 713.
Last verified: November 9, 2026 against RPAPL §§ 501, 711, 713 and 768 as posted on the New York State Senate site
The new squatter law in NY is a one-sentence change to the state’s eviction statute, passed in the 2024 budget. It did not hand owners a new police power, and it did not give squatters new rights. This page explains what the law says, why the “30-day rule” is mostly a myth, how adverse possession really works, and what an owner should do first. It is general information, not legal advice. For the full tenant side, see our New York eviction laws page.
Key facts
- Signed: April 22, 2024, in the state budget, effective immediately.
- Core text: “A tenant shall not include a squatter” (
RPAPL § 711). - Removal route: a 10-day notice to quit, then a court case under
RPAPL § 713. - Adverse possession: 10 years of open, continuous use under a claim of right (
RPAPL § 501,CPLR § 212(a)). - Illegal lockout penalty: class A misdemeanor plus $1,000 to $10,000 per violation (
RPAPL § 768).
What is the new squatter law in NY?
The 2024 budget added two pieces to RPAPL § 711. First, a short rule: a tenant “shall not include a squatter.” Second, a definition. A squatter is a person who enters or intrudes on real property without the permission of the person entitled to possession and keeps occupying it without title, right or permission.
The change took effect immediately. A Hochul spokesperson described it as reinforcing existing law to make clear that squatters are not tenants. A budget-policy analysis from the Empire Center reached a similar view: the rights squatters had before the change were largely the same afterward.
Is squatting legal in New York?
No. Squatting means occupying a home without the owner’s permission, and a squatter has no lawful right to stay just because the property looks empty. Criminal trespass and burglary offenses sit in Penal Law Article 140, and a prosecutor decides whether charges fit the facts.
The new squatter law in NY does not settle the harder cases, which involve a fake or disputed lease. A person who shows a lease, even a false one, can look like a tenant to a police officer, which is why many owners end up in court instead of getting a same-day removal.
Do squatters get tenant rights after 30 days in New York?
Not automatically. The “30 days” idea comes from two real statutes that are often misread. RPAPL § 711 treats a rooming-house or hotel resident who has been in possession 30 consecutive days as a tenant. RPAPL § 768 protects an occupant who has lawfully occupied a home for 30 days or has a lease.
Neither the statutes nor the new squatter law in NY say that anyone who breaks in and stays a month becomes a tenant. The word that matters is “lawfully.” Even so, treat the 30-day mark as a warning sign: a person who claims a lease or permission may argue they are protected, and an owner who locks them out can face penalties.
| Situation | Usual treatment |
|---|---|
| Entered without permission, no lease, no rent paid | Squatter under RPAPL § 711; owner uses the § 713 court process |
| Tenant whose lease ended and who stays | Holdover tenant; owner uses a holdover case and the tenant keeps tenant protections |
| Person holding a lease, even a disputed one | Treated as an occupant until a court decides; lockouts risk § 768 penalties |
| Rooming-house or hotel resident of 30+ days | Counts as a tenant under § 711 |
How does the new squatter law in NY let you remove a squatter?
Use the court process. Under RPAPL § 713, an owner may bring a special proceeding after serving a 10-day notice to quit, where the occupant intruded or squatted without permission and the occupancy continued. If the judge rules for the owner, a warrant is carried out by a city marshal in New York City or a sheriff elsewhere.
- Take dated photos and keep ownership records, such as the deed and tax bill.
- Ask the occupant in writing to leave, and keep a copy.
- Serve the 10-day notice to quit.
- File the court case and ask for a warrant of removal.
- Let the marshal or sheriff carry out the warrant. Do not shut off utilities or change locks on your own.
Some commentators argue an owner may remove a true squatter without a court order, and the 2024 change did not remove the owner’s common-law rights. Others warn that self-help brings lawsuits and arrests, as in a widely reported February 2024 Queens case where an owner was handcuffed. If the occupant shows any lease or paperwork, talk to a New York-licensed attorney before touching the locks.
Does the new squatter law in NY allow lockouts?
Not on its own. If the person is protected as a lawful occupant or leaseholder, RPAPL § 768 applies. An intentional violation is a class A misdemeanor, and each violation is a separate offense.
| Violation of RPAPL § 768 | Penalty |
|---|---|
| Intentional unlawful eviction | Class A misdemeanor, up to 1 year in jail under Penal Law § 70.15 |
| Civil penalty | $1,000 to $10,000 per violation |
| Failing to restore occupancy | Up to $100 per day, for as long as 6 months |
How does adverse possession work in New York?
Adverse possession is a separate legal route to ownership, and it is much harder than the headlines suggest. Under RPAPL § 501, a person acquires title only when the 10-year limit in CPLR § 212(a) runs out and the occupancy has been adverse, under claim of right, open and notorious, continuous, exclusive and actual.
A “claim of right” means a reasonable basis for believing the property belongs to the occupant. A person who knows they are trespassing and has no such basis generally cannot meet it. An owner who regularly checks vacant property and acts quickly defeats the claim long before 10 years pass.
Does the new squatter law in NY apply in New York City?
It applies in every borough, because it is state law. Court cases usually go to Housing Court, and city marshals carry out warrants. Cases can be slow. A real estate trade group quoted by Fox 5 said a New York City eviction case can average 20 months, so document everything early. Rent-stabilized apartments follow separate rules, covered in our landlord tenant guide.
New squatter law in NY timeline
- February 2024: a Queens home dispute draws national attention and calls for change.
- April 22, 2024: the budget adds the squatter definition to
RPAPL § 711.
Myths and facts about the new squatter law in NY
| Myth | Fact |
|---|---|
| A squatter becomes a tenant after 30 days. | No. The 30-day rules cover rooming houses, hotels and lawful occupants, not a trespasser. |
| The police can always remove a squatter on the spot. | Not when the occupant shows a lease or paperwork. Many cases end up in court. |
| Squatting for a month gives ownership. | No. Adverse possession needs 10 years and strict elements. |
| The 2024 law lets owners change the locks. | No. It defines a squatter. It does not give a new self-help power. |
Frequently asked questions
What is the new squatter law in NY?
The law says a squatter is a person who enters or stays on property without the owner’s permission, and a tenant “shall not include a squatter.” It sits in RPAPL § 711, added in the April 2024 state budget. Owners still use a court case under RPAPL § 713.
Can a landlord call the police on a squatter in NY?
Yes, but police may treat the matter as civil if the occupant shows a lease or other paperwork. Trespass and burglary are covered in Penal Law Article 140. Keep proof of ownership ready and ask a New York-licensed attorney about a fast court case.
How long before squatters have rights in New York?
No fixed short period gives them rights. Adverse possession takes 10 years and strict proof under RPAPL § 501. A person with a lease or permission may be protected sooner as a tenant or lawful occupant, so verify the paperwork.
Can I change the locks on a squatter?
Be careful. If the person is a lawful occupant or holds a lease, a lockout can be a class A misdemeanor with civil penalties up to $10,000 under RPAPL § 768. Even owners facing real squatters should get legal advice first.
What is the difference between a squatter and a holdover tenant?
A squatter never had permission to enter. A holdover tenant had a lease or agreement that ended and stayed on. A holdover keeps tenant protections, and the owner must follow the holdover notice and court process.
Is it legal to buy a house with a squatter in it in NY?
The purchase is not illegal, but the buyer inherits the problem. Ask for the occupant to be removed before closing, since the court case can take months, especially in New York City.
What changed on this page
- November 9, 2026: first publication, checked against
RPAPL §§ 501, 711, 713 and 768. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
Even with the new squatter law in NY, do not confront anyone. Photograph the property, gather the deed and tax records, and call a New York-licensed attorney or a legal aid group. You can also use the New York State Bar Association lawyer referral service. If a break-in is happening now, call 911. For related property rules, browse housing and property laws.
