Quick Answer
New York does not let squatters simply take over a home, but removal is a legal process. A 2024 amendment to RPAPL 711 says a tenant does not include a squatter, and section 713(3) allows a special proceeding after a ten-day notice to quit. Anyone who has lawfully occupied a dwelling for 30 days or more is protected from self-help eviction. Owners should use police and an attorney.
Squatter, Holdover Tenant or Adverse Possessor in New York
The category drives the process.
| Term | What it means | Usual path |
|---|---|---|
| Squatter | Entered without permission and stays without title or right | Police if clearly trespass, or a special proceeding in court |
| Holdover tenant | Had a lease or permission that ended | Notice and a court proceeding |
| Adverse possessor | Occupies as an owner for years under statutory rules | A court action to decide title |
New York Squatter Laws: The 2024 RPAPL 711 Change
For anyone searching new york squatter laws, the key text is RPAPL 711. As amended in 2024, it states that a tenant shall not include a squatter, defined as a person who enters onto or intrudes upon real property without the permission of the person entitled to possession and continues to occupy it without title, right or permission. If that language conflicts with section 713(3), section 713 controls. The same section still says no tenant or lawful occupant of a dwelling may be removed except in a special proceeding.
Section 713(3) allows a special proceeding, after a ten-day notice to quit, against someone who has intruded into or squatted upon property without permission, or whose permission was revoked with notice. Bills filed in 2025 would adjust the 711 language and occupancy thresholds; we found no confirmation they were enacted, so check current law.
Squatters Rights NYC and the 30-Day Rule
Many people asking about squatters rights nyc point to the 30-day rule. RPAPL 768 makes it unlawful to evict or attempt to evict an occupant who has lawfully occupied a dwelling unit for 30 consecutive days or longer, without a warrant of eviction or court order, by using force, interrupting essential services, removing possessions or changing the lock without providing a key. A violation is a class A misdemeanor, with civil penalties of $1,000 to $10,000 per violation. The statute says lawfully occupied, and whether an occupant meets that is often disputed, so do not assume it does not apply.
Adverse Possession in New York
Under RPAPL 501, an adverse possessor gains title when the limitation period for recovering real property runs, which is ten years, and the occupancy has been adverse, under claim of right, open and notorious, continuous, exclusive and actual. Claim of right means a reasonable basis for believing the property belongs to the possessor. Squatting for a short time does not create title.
What Owners and Landlords Should Do
- Call police and report an unauthorized entry. Officers may treat it as civil if the person claims a tenancy.
- Gather deeds, tax records and any notices, and find a New York real estate or landlord-tenant attorney.
- Do not change locks, shut off services or remove belongings on your own. RPAPL 768 carries criminal and civil penalties.
What an HOA or Condo Board Can and Cannot Do
A New York condominium or HOA generally is not the owner of a unit and usually cannot evict an owner's unauthorized occupant itself. Its powers come from its declaration, bylaws and rules, and counsel should confirm what applies.
- Notify the unit owner and ask for action.
- Enforce rules, including leasing, sublet and registration requirements. See HOA violations and enforcement and rental caps.
- Report suspected trespass or crime to police.
- Avoid self-help. Read the limits on HOA powers.
See also rules and regulations, board member responsibilities and how an HOA works.
Frequently Asked Questions
How long until a squatter has rights in New York?
Adverse possession takes ten years with the required elements, and a court decides. Occupancy of 30 days can also trigger protection against self-help eviction if it was lawful.
Did New York change its squatter law in 2024?
Yes. RPAPL 711 now says a tenant does not include a squatter and defines the term. Removal still goes through a special proceeding.
Can I remove a squatter myself in New York?
No, do not try. Lockouts and utility shutoffs against a lawful occupant are a class A misdemeanor under RPAPL 768. Contact police and an attorney.
Can a co-op or condo board evict a squatter?
Generally not, as it is not the owner of the unit. It can notify the owner, enforce its rules and report trespass.
Is a fake lease treated differently?
A disputed lease can move the case to court. An attorney can advise how to respond.
How APM Helps
Association Property Managers manages community associations in Michigan and California, not New York. New York boards should work with a local manager and counsel. Michigan or California boards can learn about our association management services or request a free proposal.
This article is general information, not legal advice. Laws change and facts matter; consult a licensed attorney in your state. Last verified October 25, 2026.
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