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Property Owners & Occupancy · New York

New York Squatters and Unauthorized Occupants: What the Law Actually Says

The current rule after the 2024 statutory change, lawful-occupant protections, and proper removal procedures.

Reviewed 2026-10-01

Queens homeowner and police officer inside a property during a squatter dispute.
Queens property-owner and squatter dispute reported by ABC7 New York. View image source

Legal information, not individual legal advice

Housing rights can depend on notices, deadlines, local court procedure, housing program rules, tenancy status, and facts that are not captured in a general article. Urgent court, lockout, subsidy, or eviction matters should be reviewed promptly by qualified local counsel or legal aid.

The 30-day myth

The statement “a squatter automatically becomes a tenant after 30 days” is not an accurate description of current New York law. In 2024, RPAPL § 711 was amended to expressly exclude a squatter from the definition of tenant.

Lawful occupants are different

A person who lawfully entered and lawfully occupied a dwelling can have different protections from a person who entered without permission. Roommates, family members, licensees, former employees, subtenants, and expired-lease occupants can present different legal questions.

Owners should use legal process

Even where an occupant has no tenancy, using force, threats, dangerous utility shutoffs, or destruction of property can create separate legal problems. Use the proper notice and court procedure.

Small property owner tool

New York Courts publishes a Small Property Owner Squatter Holdover Petition Program for qualifying owners outside New York City.

Primary and authoritative sources

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