Squatters' rights in New York: 2025 compliance update for multifamily rentals

This article is intended for general informational purposes only and is not intended as legal advice. Laws and regulations are subject to change; always consult with a qualified attorney to confirm the current legal standards before drafting or amending rules.
 

What is a squatter?

New York law defines a squatter as a person who enters 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.

If the occupant initially entered lawfully (i.e., as a tenant, guest, roommate, or subtenant) and then overstays or refuses to leave, they may not be considered a squatter and may still be entitled to certain tenant protections under New York law.
   

What are New York squatter’s rights?

Squatters were previously afforded some tenant rights after occupying a property for 30 consecutive days. Legislation enacted as part of the 2025 New York State budget limits these protections. The updated law clarifies that if an occupant never had permission to access the property, they may not be entitled to tenant rights or protections after 30 days. The intent is to more clearly differentiate a squatter from holdover tenant.

Law enforcement may still request that the legal owner obtain a court order before removing a squatter. Changing the locks or shutting off utilities in an effort to remove an occupant are illegal in New York and could result in civil and/or criminal penalties.

Always consult legal counsel before taking action.
 

What is adverse possession in NY?

Adverse possession is a legal principle that allows a person to gain ownership of a property they’ve occupied, provided that specific conditions are met. In New York, the requirements are strict, and occupant claims for adverse possession are often unsuccessful – especially in multifamily rental buildings.

Specific legal requirements for adverse possession include:

1. Open and notorious: The occupant’s presence must be visible and obvious, not concealed, so the legal owner has a reasonable opportunity to notice the occupation.
    
2. Exclusive use: The occupant cannot share the space with the public, other unauthorized individuals, or the legal owner.
    
3. Continuous use: The occupant must prove they’ve occupied the property without significant breaks for at least 10 consecutive years.
    
4. Hostile: In an adverse possession claim, “hostile” does not imply aggression. The occupant must prove that there is no existing lease or agreement to reside at the property.

Can you evict squatters in NYC?

Yes, landlords can evict squatters, but it’s important to determine the status of an occupant before moving forward with an eviction.

The specific legal process to follow to evict an occupant depends on how the occupant entered the property and whether they ever had legal permission to be there. In multifamily rental buildings, the landlord typically files the case. Property managers may assist, but legal standing rests with the building owner or entity listed as holding title to the property.

If the occupant is defined as a squatter under the new law, a landlord may be able to involve the police directly for removal. Housing Court may no longer be required in such cases. Law enforcement may still request a court order to confirm the occupant is a squatter.

Always consult building counsel to make the most informed decision.
 

How can a professional property management company help?

New York City housing laws can be difficult to navigate, and frequent changes make compliance unclear. At FirstService Residential, our in-house compliance experts help landlords mitigate risk and satisfy their obligations as a building owner.

We tracks inspection deadlines, monitor local law updates, and help minimize the risk of costly violations. Our expertise includes:
 

• Local law 157 natural gas detectors
   
• New York Facade Inspection Safety Program (FISP – formerly Local Law 11)
   
• Local Law 97 carbon emissions caps
   
• Fire Safety and emergency documents
   
• Local Law 31 lead paint inspections
   
• Local Law 152 gas piping inspections
   
• Local Law 55 Indoor allergen inspections
   
• Local Law 69 Bed bug inspections and reporting
   
• Local Law 77 cooling tower inspection and certification
   
• Local Law 126 parking structure inspections

Click here to request a proposal or inquire about professional property management services for your building.

You can also give us a call at 212.813.3000.