Squatters Rights in New York | Laws & Legal Protections
Everything You Need to Know About Squatting Laws in New York
Squatting has become a controversial legal issue in New York. Many property owners and tenants ask, “Do squatters have rights in New York?” or “Is squatting legal in New York State?”
This guide explains squatters' rights in New York, including New York State squatting laws, legal protections, and how property owners can remove squatters legally.
1. What Are Squatters’ Rights in New York?
Squatting occurs when someone occupies a property without the owner’s permission. In New York, squatters can gain legal protections under certain conditions.
Key Squatter Rights in New York State
✅ Adverse Possession – If a squatter occupies a property for 10 years openly and continuously, they may claim legal ownership under New York Real Property Actions and Proceedings Law (RPAPL) § 501.
✅ 30-Day Rule in NYC – In New York City, if a squatter stays in a property for 30 consecutive days, they are considered a tenant and require a legal eviction.
✅ Eviction Protections – Landlords cannot forcibly remove squatters without following New York eviction laws.
👉 Learn more about NY eviction laws
2. Is Squatting Legal in New York?
Squatting itself is not legal, but New York laws provide certain protections to individuals who establish residency.
📌 New York Law on Squatters Rights
Under New York RPAPL § 501-551, squatters may have legal rights if they:
✔ Live on a property openly (not hiding).
✔ Reside continuously for 10 years (for ownership claims).
✔ Meet the 30-day rule in NYC (for tenancy protections).
If a squatter meets these conditions, they cannot be forcibly removed without a formal eviction process.
3. How Do Squatters Rights Work in New York?
Squatters' rights in New York vary based on location and duration of stay.
Squatters Rights in NYC vs. Upstate New York
🏙️ New York City (Manhattan, Queens, Brooklyn, Bronx, Staten Island)
- Squatters become legal tenants after 30 days.
- Property owners must file a court eviction to remove them.
🌲 Upstate New York (Buffalo, Rochester, Albany, Syracuse)
- Squatters can claim adverse possession after 10 years.
- Evictions follow New York State landlord-tenant laws.
💡 In Rochester, Buffalo, and Queens, squatters must meet different legal conditions than in NYC.
👉 Check New York State tenant laws for eviction procedures.
4. How Can Property Owners Remove Squatters in New York?
Landlords and property owners often ask, “How do squatters’ rights work in New York when trying to remove them?”
Steps to Remove Squatters Legally
1️⃣ Serve a Notice to Vacate – A 10-day notice is recommended before filing for eviction.
2️⃣ File an Eviction Lawsuit – If the squatter refuses to leave, file an unlawful detainer case in housing court.
3️⃣ Obtain 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 a squatter from the property.
🚫 Do NOT use force or change locks – This is illegal and may lead to penalties.
👉 Learn more about New York eviction procedures
5. Recent Changes to Squatters Rights in New York (2025)
New York has considered legal reforms to prevent squatters from abusing housing laws.
📢 New York Ends Squatters Rights? – Some lawmakers have proposed tighter restrictions on squatters' claims.
📢 Squatting Laws in NYC 2025 – Pending legislation may shorten the 30-day rule for tenant rights.
📢 New York Squatters Rights Cases – Recent court cases have increased awareness of squatting laws.
💡 Stay updated on changes to squatting laws in New York by visiting NY Senate Legislation.
6. Squatters Rights in Different New York Locations
Squatters’ rights in New York vary by city and region.
🏙️ Squatters Rights in New York City – Protected under the 30-day rule but subject to eviction.
📍 Squatters Rights in Rochester, NY – Adverse possession laws apply after 10 years.
🏡 Squatters Rights in Queens, NY – Same laws as NYC, with additional rent-stabilization considerations.
🌳 Squatters Rights in Upstate NY – Applies mostly to vacant properties and long-term land use.
📌 If you're a property owner in Buffalo, Rochester, or Albany, understand the differences in local laws before taking action.
Final Thoughts: How to Protect Your Property from Squatters
📌 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 legal assistance.