General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Adverse possession requires ten years of open, continuous, exclusive and hostile possession.
- A squatter, meaning someone who entered without permission and stays without any right, is not a tenant under the eviction statute, so police can treat them as trespassers instead of sending the owner to housing court.
- The claimant generally must also have a reasonable basis to believe the property belongs to them, a requirement known as claim of right.
New York requires ten years of possession for adverse possession and a reasonable basis for believing the property is the claimant's. A 2024 change made clear that squatters are not tenants, which lets police treat them as trespassers.
New York squatters rights at a glance
| Rule | New York | Law |
|---|---|---|
| Adverse possession period | Adverse possession requires ten years of open, continuous, exclusive and hostile possession. | Real Property Actions and Proceedings Law section 501 and Civil Practice Law and Rules section 212 |
| Claim under a document (color of title) | The claimant generally must also have a reasonable basis to believe the property belongs to them, a requirement known as claim of right. | Real Property Actions and Proceedings Law (adverse possession, as amended in 2008) |
| How owners remove occupants | A squatter, meaning someone who entered without permission and stays without any right, is not a tenant under the eviction statute, so police can treat them as trespassers instead of sending the owner to housing court. | Real Property Actions and Proceedings Law section 711 (as amended in 2024) |
Adverse possession
An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.
Adverse possession period. Adverse possession requires ten years of open, continuous, exclusive and hostile possession. (Real Property Actions and Proceedings Law section 501 and Civil Practice Law and Rules section 212)
Claim under a document (color of title). The claimant generally must also have a reasonable basis to believe the property belongs to them, a requirement known as claim of right. (Real Property Actions and Proceedings Law (adverse possession, as amended in 2008))
Removing an unauthorized occupant
How owners remove occupants. A squatter, meaning someone who entered without permission and stays without any right, is not a tenant under the eviction statute, so police can treat them as trespassers instead of sending the owner to housing court. (Real Property Actions and Proceedings Law section 711 (as amended in 2024))
Where the case is filed. Evictions are summary proceedings, heard in the housing part of the Civil Court in New York City and in district, city, town or village courts elsewhere. (Real Property Actions and Proceedings Law Article 7)
Why force backfires
Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.
Self-help eviction. Removing a tenant without a court order, including by changing locks or cutting essential services, is an unlawful eviction that carries civil penalties and is a misdemeanor. (Real Property Actions and Proceedings Law section 768)
Protecting a vacant property
Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.
Mistakes to avoid
- Waiting months to act after someone moves in.
- Changing locks or removing belongings yourself.
- Accepting rent or utility payments from the occupant.
- Leaving a vacant property unchecked for long stretches.
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General information, not legal advice.
Verify current law
We last checked these New York rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New York attorney about your situation.
Laws named on this page
- Real Property Actions and Proceedings Law section 501 and Civil Practice Law and Rules section 212
- Real Property Actions and Proceedings Law (adverse possession, as amended in 2008)
- Real Property Actions and Proceedings Law section 711 (as amended in 2024)
- Real Property Actions and Proceedings Law Article 7
- Real Property Actions and Proceedings Law section 768
Official sources
New York forms for this topic
Letters and checklists for this topic
Asked by landlords in this state.
How long does adverse possession take in New York?
Adverse possession requires ten years of open, continuous, exclusive and hostile possession. Source: Real Property Actions and Proceedings Law section 501 and Civil Practice Law and Rules section 212.
How does an owner remove a squatter in New York?
A squatter, meaning someone who entered without permission and stays without any right, is not a tenant under the eviction statute, so police can treat them as trespassers instead of sending the owner to housing court. Source: Real Property Actions and Proceedings Law section 711 (as amended in 2024).