Squatters Rights in New York: What Changed in 2024 — and What to Do If Someone Won't Leave
If someone on your property told you they have “squatters rights,” here’s the most important thing to know: in most cases on Long Island, they’re wrong. And even when squatters rights technically apply, New York law changed significantly in 2024.
Here’s what you actually need to know.
New York Changed the Squatter Law in 2024
In May 2024, New York amended the Real Property Actions and Proceedings Law to clarify something courts had been wrestling with for years: squatters are not tenants.
The law now defines a squatter as someone who enters a property without permission and stays without any title, right, or permission from the owner. Under the new law, squatters are specifically excluded from the legal protections that apply to tenants — including the right to a formal eviction proceeding.
What does that mean in plain terms? If someone broke into your home or moved onto your property without ever having your permission, the police can remove them. You don’t need to go to court. You don’t need to file a petition. You call the police.
That’s a significant change from how the law worked before 2024, when a squatter who stayed more than 30 days could claim tenant-like rights and force a landlord into the eviction process.
Why You Probably Still Need a Lawyer
Because most of the time, what people call “squatters” aren’t actually squatter situations under the law.
Think about it. True squatters — strangers who broke in while a property was vacant and are now refusing to leave — are relatively rare on Long Island. What’s far more common is something like this:
- A family member moved in with your permission and now won’t leave.
- A former tenant stopped paying and is still in the apartment.
- An ex-partner is still living in a home you own.
- A guest who overstayed their welcome is claiming they have rights.
None of those are squatters. Under New York law, each one is something different — and each requires a different legal process to remove.
If They Ever Had Your Permission, They’re Not a Squatter
This is the line that matters most.
The moment someone had permission to be at the property — whether you gave it in writing, verbally, or just by allowing them to move in — they are not a squatter. They have some form of occupant rights, and police generally will not remove them. You will need to go through the courts.
Depending on the situation, they may be classified as a tenant, a holdover tenant, or a licensee. Which one they are determines what kind of legal proceeding you need and how long it takes.
If you’re not sure which applies to your situation, that’s exactly the kind of question we can answer on a free call.
The Three Situations You’re Probably Actually Dealing With
1. A former tenant who stopped paying or won’t leave after the lease ended. This is a holdover proceeding. The tenant never became a squatter — they’re still a tenant until a court says otherwise. You need to serve proper notice and file in landlord-tenant court. [Learn more about holdover evictions →]
2. A family member, ex-partner, or long-term guest who moved in with your permission. This is almost always a licensee removal. The process is similar to a holdover, but the notice requirements are different — and using the wrong notice is one of the most common mistakes we see. [Learn more about removing a family member or licensee →]
3. A complete stranger who entered your property without permission and is still there. This is the only situation that fits the legal definition of a squatter. Under the 2024 law, call the police first. If the police won’t act or the situation is more complicated — for example, the person is presenting a fake lease — call us.
What About Adverse Possession?
Adverse possession is a legal concept that lets someone claim ownership of a property after occupying it openly and continuously for 10 years in New York. If you found out about this person recently, it doesn’t apply to you. It’s worth knowing the term exists, but it’s rarely relevant to the situations Long Island property owners actually call us about.
What to Do Right Now
Start by asking one question: did this person ever have your permission to be at the property?
If no — call the police under the 2024 law.
If yes, even informally — you likely need a legal proceeding to remove them. Give us a call and we’ll tell you exactly which one applies to your situation. The consultation is free.
Call or text us at (631) 888-6989.
A predicate notice is the formal term for the eviction notice that must be served on a tenant before you can file an eviction proceeding in court. "Predicate" means it's a required step that comes before — predicates — the court filing. The type of predicate notice required depends on whether you're filing a nonpayment or holdover proceeding and on the details of the tenancy.
The notice must be served by someone who is over 18 years old, lives in New York State, and is not a party to the action. That means you cannot serve it yourself. A professional process server is the most reliable option, but a friend or neighbor who meets those requirements can also serve the notice. Whoever serves it must then sign an affidavit of service.
This is a common misconception. Giving more notice than required doesn't just give the tenant extra time — it can actually invalidate your proceeding. The courts look at whether the correct notice for the specific occupancy type was served. If you serve a 30-day notice when a 10-day notice was required, you may have a problem. Call us before you serve anything if you're uncertain.
In a nonpayment proceeding, yes — if the tenant pays everything owed within the 14-day notice period, the proceeding ends. In a holdover proceeding, payment does not stop the case. Holdover proceedings are about the right to possession, not unpaid rent, so money doesn't resolve them.
