Squatters Rights in New York | Laws, 30-Day Rule & Legal Process
Everything You Need to Know About Squatting Laws in New York
Many property owners and tenants in New York wonder, “What are squatters' rights in NYC?” or “Does New York have squatters' rights?” The legal framework around squatting can be complex, and New York laws provide certain protections to squatters under specific conditions.
This guide explains squatters' rights in NY, including the 30-day rule, the history of squatters' laws, and what property owners can do to legally remove squatters.
1. What Are Squatters’ Rights in New York?
Squatters’ rights, also known as adverse possession laws, allow individuals to claim legal ownership of a property if they occupy it for an extended period without the owner's permission.
Does New York Have Squatters’ Rights?
Yes, New York State has squatters’ rights, which are covered under New York Real Property Actions and Proceedings Law (RPAPL) § 501.
✔ Squatters can claim ownership after 10 years of continuous occupancy.
✔ In NYC, squatters become legal tenants after 30 days.
✔ Landlords must go through a formal eviction process to remove squatters.
💡 This means a squatter can legally stay in a property if the owner fails to act quickly.
2. The 30-Day Rule for Squatters in New York
One of the most discussed aspects of squatters' rights is the "30-day rule."
📌 Squatters Rights in NYC (30 Days)
- If a person lives in a property for 30 days, they gain tenant protections.
- Property owners cannot remove them without going through eviction court.
- The squatter is entitled to due process and cannot be forcibly removed.
📌 Why Do Squatters Have Rights in New York?
New York’s laws favor tenant protections to prevent wrongful evictions. This has led to controversial cases where squatters gain legal status after just 30 days.
🚨 Important: This rule applies mostly in New York City but can also impact upstate areas like Rochester and Buffalo.
👉 Learn more about NYC housing laws here
3. How Long Does It Take for Squatters’ Rights to Apply in New York?
⏳ Squatters Rights New York Timeline
📆 30 Days – Gains tenant rights and requires formal eviction.
📆 10 Years – Can file for adverse possession to claim ownership.
💡 Are there squatters’ rights in New York State?
Yes, but the laws vary based on location.
🏙 New York City – 30-day rule applies immediately.
🌳 Upstate NY (Buffalo, Rochester, Albany) – Primarily follows 10-year adverse possession laws.
👉 Check current NY eviction laws here
4. How Can Property Owners Remove Squatters in New York?
If a squatter refuses to leave, landlords must follow the legal eviction process.
Steps to Remove Squatters Legally
1️⃣ Issue a Written Notice – A 10-day notice to vacate is recommended.
2️⃣ File an Eviction Case – If they do not leave, file an unlawful detainer lawsuit in housing court.
3️⃣ Get a Court Order – A judge must approve the eviction before law enforcement can act.
4️⃣ Hire a Sheriff for Removal – Only a legal officer can remove squatters from the property.
🚨 Avoid illegal eviction tactics like changing locks or cutting utilities—these actions violate New York tenant laws and can result in penalties.
👉 Find a New York landlord-tenant lawyer
5. Squatting Laws in NYC & Changes in 2025
New York lawmakers have debated reforming squatters' rights due to rising property disputes.
📢 New York Ends Squatters Rights? – Some legislators proposed stricter laws to limit abuse of the 30-day rule.
📢 Squatters Rights NYC 2025 – Potential changes may reduce protections for squatters in certain cases.
📢 Recent Squatters Rights Cases in NY – Court rulings continue to impact how eviction laws are enforced.
💡 Stay updated on legal changes by checking New York Senate Bills.
6. Squatters Rights in Different New York Cities
Squatters’ rights in New York State vary depending on the city and region.
🏙️ Squatters Rights in NYC – 30-day rule applies, meaning eviction requires legal action.
🏡 Squatters Rights in Rochester, NY – Cases are typically handled under 10-year adverse possession laws.
📍 Squatters Rights in Buffalo, NY – Similar to Rochester, but faster eviction processes apply.
🌳 Squatters Rights in Upstate NY – Mostly applies to vacant land and abandoned homes.
📌 If you own property in Queens, Rochester, or Buffalo, act quickly to avoid squatters claiming legal rights.
Final Thoughts: Protecting Your Property from Squatters in New York
📌 Property Owners – Secure vacant properties, post no trespassing signs, and check properties regularly.
📌 Tenants & Renters – Know your legal rights if facing eviction due to property disputes.
📌 Investors & Buyers – Be aware of adverse possession laws before purchasing properties with long-term occupants.
🚀 Need legal help? Contact New York Housing Court for assistance.