The New York State Legislature has recently passed legislation to combat the recent uptick in squatters in New York. RPAPL §711 has been amended to clearly hold that squatters are not tenants under the law. A squatter is a person who enters onto or intrudes upon real property without the permission of any person entitled to possession, and continues to occupy the property without title, right or permission of the owner or a person entitled to possession.
NY Squatters are no longer afforded tenant protections after 30 days. However…
Regardless of how long they may occupy the premises, a “squatter” may be evicted without the cost and delay of commencing a summary proceeding. Squatters are no longer afforded tenant protections after 30 days. However, the definition of a “squatter” is very narrow. Any person who enters and occupies the premises with permission of someone who lawfully resides there or who has an ownership interest in the property is considered a tenant. This includes subtenants and sub-lessees.
The only way to remove a tenant from the premises is through a warrant of eviction. A landlord cannot change the locks or engage in any type of self-help to evict an unwanted tenant. This recent change will allow landlords to quickly remove those persons who entered unlawfully.
Have questions?
Contact:
Laura Endres, Partner (laura@taylor-eldrdige.com)
Jennine Cullen, Associate Attorney (jennine@taylor-eldridge.com)
