What to know about NYC squatter rights

Jonathan Rizk
·3 min read
53

NEW YORK (PIX11) — Recent high-profile incidents involving alleged squatters in New York City have left many New Yorkers with questions about their rights and the laws in New York.

A squatter is someone who “settles on property without right or title or payment of rent,” according to Merriam-Webster.

It only takes 30 days to gain squatter rights in New York, according to the state’s Real Property Actions and Proceedings Law §711. Under state law, squatting is a form of an “adverse possessor” – someone who occupies the property of another person or entity “with or without knowledge of the other’s superior ownership rights that would give the owner a cause of action for ejectment.”

An “adverse possessor” can make a claim of right, as defined by state law. A claim of right is a reasonable belief that a property belongs to either the adverse possessor or property owner. However, if the property owner(s) on the tax record cannot be found by reasonable means, a squatter does not have to claim adverse possession.

Squatters beat woman to death and stuffed her in bag in NYC apartment: NYPD

In addition to living in the property for 30 days, a squatter must also stay in the property in a way that is obvious and goes against the ownership. Once a squatter has been living in a property for 30 days, property owners must navigate New York City’s eviction laws to remove them.

If a squatter has been in permanent possession of a property for 10 years without interruption, they can become the property’s legal owner, according to New York State law RPAPL §511.

There are several steps to the eviction process in New York under state law RPAPL § 701-768.

A “Notice to Quit” notifies the occupants they have 10 days to leave the property. The property owner must file an eviction lawsuit if the squatter does not leave in 10 days.

Once the squatter gets the summons, they will have 10 days to answer. After court, if the squatter is required to leave, they will get a 14-day notice to move out, at which point police can come to remove the individual if they still have not left.

The process can take up to five months and burden property owners with hefty legal fees.

Innago, a property management tool, offered some tips that a property owner in New York City should practice to avoid becoming a victim of squatters:

  • Regularly inspect your vacant property every few weeks.

  • Make your property appear inhabited.

  • Install lighting and security systems to deter unauthorized entry.

  • Secure all entry points with sturdy locks and barriers.

  • Post “No Trespassing” signs on the property.

  • Encourage neighbors to report any suspicious activity.

  • Hire a property management company to maintain the property.

  • If feasible, keep the property in use.

New York State Assemblymember Jake Blumencranz (D-15) introduced Assembly Bill A6894, which would extend the time period for tenancy rights from 30 days to 45 days of possession and add squatting to the definition of criminal trespass in the third degree. Sen. Patricia Fitzpatrick also introduced the bill in the New York Senate.

A 2023 report from the city’s Housing Preservation and Development department found that housing vacancy dropped to 1.4 percent across New York City — the lowest since 1968. However, city officials said that in 2023, only around 33,000 housing units were available for rent, creating opportunities for potential squatters.

PIX11’s Emily Rahhal contributed to this report.

Jonathan Rizk is a digital journalist who has covered local news in the New York City and Washington D.C. areas. He has been with PIX11 since August 2022. See more of his work here and follow him on Twitter.

For the latest news, weather, sports, and streaming video, head to PIX11.