New York Statewide Rule
New York Squatters' Rights and Adverse Possession
Key Facts
- Adverse possession period
- 10 years
- Statutes
- RPAPL Sections 501 and 511
- Squatter status
- Not a 'tenant' (2024 amendment)
- Possession standard
- Hostile, open, exclusive, continuous
- 30-day myth
- No tenant rights from mere 30-day occupancy
Summary
New York's adverse possession period is 10 years of continuous, exclusive possession under RPAPL Sections 501 and 511. A 2024 budget amendment to RPAPL Section 711 clarified that squatters are not tenants, making it easier for owners and police to remove unauthorized occupants who have not met the 10-year threshold.
§ 711. Grounds where landlord-tenant relationship exists. A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer. A tenant shall not include a squatter. For the purposes of this section, a squatter is a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy the property without title, right or permission of the owner or owner's agent or a person entitled to possession. In the event of a conflict between the provisions regarding squatters of this section and the provisions of subdivision three of section seven hundred thirteen of this article, the provisions of section seven hundred thirteen of this article shall be controlling. No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds:
Full Breakdown
An adverse possessor under RPAPL Section 501 is one who "occupies real property of another...in a manner that would give the owner a cause of action for ejectment." Title can transfer only after "continued occupation and possession of the premises...for ten years" under RPAPL Section 511, and possession must be hostile, actual, open and notorious, exclusive, and continuous. The 2024 FY25 budget amended RPAPL Section 711 so that "a tenant shall not include a squatter," defined as "a person who enters onto or intrudes upon real property without permission and continues to occupy without title, right or permission." This change rebuts the misconception that a squatter gains tenant protections after 30 days; only the 10-year statutory period creates any ownership claim.
Violations & Penalties
No specific statutory penalty for occupancy itself; an owner may pursue ejectment or summary proceedings, and squatters short of 10 years gain no ownership and no tenant status.
Frequently Asked Questions
How long must a squatter occupy property to claim it in New York?
Do squatters get tenant rights after 30 days in New York?
Can police remove squatters in New York?
Sources
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