New York’s Anti-Squatter Law: What Property Owners Should Know

Updated September 13, 2026

Discovering that someone has entered or remained in a property without permission is alarming. New York changed its law in 2024 to clarify that a squatter is not a tenant, but that change did not turn every occupancy dispute into an immediate police removal. The facts still matter, and owners should avoid taking action that could create a separate legal problem.

What the 2024 New York Law Changed

New York Real Property Actions and Proceedings Law Section 711 now states that a tenant does not include a squatter. It defines a squatter as someone who enters or intrudes on real property without the permission of the person entitled to possession and continues to occupy it without title, right, or permission.

That distinction matters because a person who entered without permission should not obtain tenant status merely by remaining in the property for 30 days. The amendment addressed a common misunderstanding about New York’s 30-day occupancy rules.

What the Law Did Not Change

The new definition does not prove that every person called a squatter entered without permission. An occupant may claim there was an oral agreement, a prior tenancy, permission from a co-owner, a fraudulent lease, or another right to possess the property. Police may decline to decide a disputed ownership or occupancy claim at the scene.

New York law still provides a special proceeding for recovering property when no landlord-tenant relationship exists. Section 713 specifically addresses a person who intruded or squatted without permission and, depending on the circumstances, generally requires a notice to quit before the proceeding. The correct procedure depends on how the person entered, what evidence exists, and whether any legitimate right to occupancy is asserted.

Do Not Use Self-Help

An owner should not assume that changing locks, removing belongings, shutting off utilities, or using force is permitted. If the occupant may qualify as a lawful tenant or occupant, an improper lockout can expose the owner to liability. Even when the owner believes the situation is obvious, it is safer to document the facts and follow the legally appropriate process.

Practical Steps for Property Owners

Secure vacant property before a problem begins. Maintain working locks, check the property regularly, keep utilities and mail monitored, and retain records showing ownership and authorized occupancy. Cameras and alarm systems may help establish when an entry occurred, provided they are installed and used lawfully.

If an unauthorized entry is discovered, preserve photographs, video, communications, identification information, and any documents the occupant presents. Contact law enforcement if there is an active break-in, property damage, threats, or another possible crime. Then speak with a New York real estate attorney promptly to determine whether a notice and court proceeding are required.

Get the Procedure Right Before Acting

The 2024 amendment gave property owners an important clarification, but it did not eliminate factual disputes or every court process. Acting quickly is useful; acting on an oversimplified version of the law is not.

For guidance concerning unauthorized occupants or another New York property dispute, call Taub & Bogaty, PLLC at (516) 531-2500 or visit https://www.realestatelawny.com/contact