New York State pushes back against Squatters
Being a landlord in New York State can be difficult. If a squatter is currently occupying your property it can be even more challenging. In April 2024, seemingly in response to the recent abuses by squatters in New York, as well as the rest of the County, New York’s Governor Hochul signed a law that amends Real Property Actions and Proceedings Law (“RPAPL”) § 711. Amended RPAPL § 711 makes it clear that a squatter is not, by definition, a tenant.
A squatter is a person who took over and is occupying another person’s home without permission.
Why is this new law important? Prior to the new law, if a squatter illegally lived in someone’s home for 30 days, they had the same rights as a tenant without having to produce a valid lease. Once a squatter obtained the rights of a tenant then a landlord had to bring a costly and time-consuming eviction action. Squatters were aware of this and exploited this loophole in the law. Squatters realized that if they stayed in the property for 30 days that New York law no longer considered them trespassers that could be removed by law enforcement.
Due to the relaxed laws in New York and several other states, Squatters began victimizing law abiding homeowners, some of which were simply on vacation when squatters illegally entered. In Flushing, New York, a homeowner was arrested after entering her own home and changing the locks which squatters took over. The squatting problem has been exacerbated by the fact that it takes an average of 20 months to complete an eviction action in New York City, according to the Rent Stabilization Association.
Now, with the amendment of RPAPL § 711, New York State has removed the ability of squatters to obtain tenant rights. This should do away with lengthy and costly eviction actions arising from a person who illegally entered to begin with. While it remains to be seen how the courts are going to interpret this amended law, it is certainly a step in the right direction in protecting landlords. For more information on removing a squatter please schedule a free consultation.
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