
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

Legal information, not individual legal advice
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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