There’s someone in your house who isn’t supposed to be there. Maybe you discovered it after months of vacancy, maybe a neighbor called, maybe utility bills started showing usage you didn’t authorize. The locks are different, there’s a car in the driveway you don’t recognize, and now you’re trying to figure out whether the police can just remove this person, or whether you have to file a lawsuit, or whether you’ve somehow accidentally created a tenant.
This guide is the Long Island answer to the squatter situation, with particular attention to what changed in 2024. New York’s pre-2024 framework had ambiguities that fueled bad-faith squatter claims and viral social-media stories about owners “losing” their houses to squatters who claimed tenant status after 30 days. The 2024 amendments clarified the law, and the situation today is more workable than the headlines suggested. We’ll walk through what “squatter rights” actually means in current NY law, the lawful paths for removal, the much-misunderstood adverse-possession doctrine, and the as-is sale path when removal isn’t going to happen on your timeline.
What are “squatters rights” in New York?
“Squatters rights” in New York refers to due-process rights to a lawful removal proceeding, not to ownership of the property. The 2024 amendments to Real Property Law §768 and RPAPL §713(10) clarified that a squatter is not a tenant regardless of duration of occupancy, and removal can proceed through trespass enforcement or summary proceedings rather than full landlord-tenant eviction. Self-help eviction remains illegal.
What changed in 2024
For years, NY tenant law and squatter situations had real ambiguities. The widely-cited “30-day rule” was a misreading of pre-existing law, but it was repeated often enough that some squatters and bad actors used it to claim tenant status after brief unauthorized occupancy. Some Long Island and New York City homeowners faced extended legal battles to remove squatters who produced fabricated leases or claimed they had been “given keys by someone.”
In April 2024, NY enacted L.2024 ch.56, amending Real Property Law §768 and RPAPL §713(10) to clarify:
- A squatter is not a tenant, regardless of duration of occupancy.
- The owner of real property can pursue removal of squatters through trespass enforcement and summary proceedings, without being required to use the full landlord-tenant eviction process.
- Police are authorized to remove squatters in clear cases of unauthorized entry.
Practical effect: removal of a squatter from a Long Island residence is faster and more straightforward in 2024-and-after than in the prior framework. The full pre-2024 4-to-8-month “is this person a tenant” timeline that some cases ran into has been shortened materially for clear squatter cases.
Caveats:
- The mechanics still require lawful process. Self-help (changing locks, removing belongings, cutting utilities, harassing the squatter) remains illegal.
- The amendments don’t change everything. Borderline cases (someone who has been there a long time, has documented payments to a prior occupant, has bills in their name) still require careful legal analysis.
- A truly determined squatter with fabricated documentation or a strong claim to having been given access by someone with apparent authority can still extend the process.
Most Long Island squatter situations today resolve in 2 to 16 weeks depending on the specific facts and the chosen removal path.
What “squatter” actually means
For purposes of NY law:
- Squatter: a person occupying real property without permission of the owner and without legal right to occupy.
- Trespasser: similar concept, often used for shorter-duration unauthorized presence (someone caught entering, briefly inside).
- Tenant: a person occupying real property with permission, under a lease or other agreement granting possession.
- Holdover tenant: a former tenant whose lease has expired but who remains in possession.
- Licensee: a person granted permission to be on the property for a limited purpose, without exclusive possession.
The distinction between squatter and tenant is the core of the legal analysis. The 2024 amendments clarify that the answer is not “30 days of occupancy makes a tenant.” It’s about whether there was a lawful basis for occupancy in the first place.
The three lawful removal paths
Path 1: Police trespass enforcement
For clear unauthorized entry, particularly recent entry by a person with no claim to the property, NY Penal Law §140 (trespass) provides criminal-law remedies. The police can:
- Investigate the situation
- Determine whether the person has a lawful basis for being there
- Remove the person if the determination is that they’re trespassing
- Charge them with trespass if appropriate
The 2024 amendments expanded police authority in clear squatter cases. Long Island police agencies (Suffolk County PD, Nassau County PD, the various town police forces, plus village police where they exist) handle squatter calls more directly post-2024 than in the immediate pre-2024 period.
When this works:
- Recent unauthorized entry (days, not months)
- Owner can demonstrate ownership and that the person has no permission
- The squatter has no plausible claim to tenancy or other lawful basis for occupancy
- The squatter’s resistance is limited (no fabricated lease, no claim of agreement with someone else)
When this doesn’t work:
- Squatter has been in residence long enough to have established the appearance of residence (mail, utilities, furniture)
- Squatter produces any documentation (lease, payment records, written agreements) that needs court evaluation
- Owner cannot immediately demonstrate ownership or lack of permission
- Police, exercising discretion, decide the situation is a “civil matter” requiring court action
The “civil matter” outcome is less common post-2024 than it was pre-2024 for clear squatter cases, but it still happens, particularly when the situation has any documentary complexity.
Path 2: Summary proceeding under RPAPL Article 7
If police won’t remove (or if the situation is more complex), the owner can file a summary proceeding in the local court (typically a District Court, Town Court, or Village Court depending on jurisdiction).
The post-2024 framework distinguishes:
- Squatter summary proceedings (faster, fewer protections, shorter notice requirements)
- Landlord-tenant summary proceedings (slower, more protections, the post-HSTPA timeline)
For clear squatter cases, the squatter summary-proceeding track applies. Realistic Long Island timeline: 6 to 16 weeks from filing to lawful removal, depending on docket and case complexity.
Path 3: Ejectment in Supreme Court
For more complex disputes (where the parties have arguable competing claims, where significant damages are involved, where the squatter has been there a long time and is asserting various defenses), an ejectment action in Nassau or Suffolk Supreme Court is the appropriate venue.
Ejectment is slower than summary proceedings (typical 6 to 18 months), but provides full discovery, motion practice, and a thorough resolution of the underlying dispute. Used when summary proceedings won’t give an adequate result.
What absolutely doesn’t work
NY’s prohibition on self-help eviction is broad and well-enforced. Don’t:
- Change the locks. The squatter can come back with police and you can be charged with unlawful eviction.
- Remove belongings. Throwing things to the curb is illegal regardless of who owns the underlying property.
- Cut utilities that have been turned on, even when the squatter is paying.
- Harass or threaten the squatter or their associates.
- Hire ‘rough’ private removal services. Companies advertising ‘squatter removal’ that don’t go through legal process are exposing both the owner and themselves to liability.
Real Property Law §768 makes unlawful eviction a misdemeanor. Civil liability for damages can be substantial. The lawful-process path is slower than self-help feels like it would be, but the alternative is much worse.
Adverse possession: the related but distinct doctrine
Adverse possession is the legal doctrine that, in extreme circumstances, can transfer real-property ownership to a long-term unauthorized occupant. NY RPAPL Article 5 governs.
Requirements (all must be met for the full statutory period of 10 years):
- Hostile: occupancy without owner’s permission
- Open and notorious: visible and obvious, not concealed
- Continuous: uninterrupted for the full 10-year period
- Exclusive: not shared with the true owner or general public
- Actual: physical occupation, not just claim of ownership
Plus, under post-2008 NY amendments to RPAPL §501, in many cases the claimant must have paid property taxes during the period.
For a Long Island squatter who has been there for a few weeks, months, or even a year or two, adverse possession is not in play. The 10-year requirement is real and not flexible. Adverse possession claims that succeed in NY almost always involve clearly documented continuous occupancy of unimproved or marginal land over decades, not residential houses with attentive owners.
The ‘squatter rights’ headlines that imply ownership transfer through brief occupancy are conflating squatting (occupancy without right) with adverse possession (a 10-year doctrine). They’re not the same.
Selling with squatters in place
If the removal timeline doesn’t work for you and you’d rather sell, the as-is path is real.
What changes in the sale
- Disclosure: the squatter situation has to be disclosed under NY’s PCDS form (RPL §462) and as part of the contract.
- Buyer pool: most retail buyers cannot close on squatter-occupied properties because they want vacant possession at closing. Investor buyers (us included) handle squatter-occupied closings routinely, and absorb the removal as part of post-closing scope.
- Pricing: cash offers reflect the underwritten removal cost (legal fees, time, potential property damage, lost rent during removal). Typical haircut: $5,000 to $30,000 depending on situation.
- Walkthroughs: complicated by the squatter’s presence. Sight-unseen offers are common, with the seller providing reasonable description and any photos available.
What the buyer takes on
The buyer takes title with the squatter in place and pursues removal post-closing. The buyer’s rights as new owner are the same as the seller’s rights, the removal procedures (police, summary proceeding, ejectment) all apply.
For us specifically: we have legal counsel and a process for handling squatter removals on Long Island. We’ve handled the spectrum from clear-cut police-removal cases to longer summary-proceeding cases involving documented disputes. Most of our squatter-occupied closings result in lawful removal within 30 to 90 days post-closing.
Common Long Island squatter scenarios
Patterns we see in the pipeline.
Inherited property, distant heirs, extended vacancy
Decedent owned a Long Island house, lived alone. The estate was open for many months while heirs worked through probate from out of state. Squatters identified the vacant house and moved in. Heirs discover the situation when planning a sale. The path forward is typically removal through summary proceeding or sale-with-squatter to a buyer who handles it.
Post-foreclosure or post-tax-sale property
A property that went through foreclosure auction or tax-lien foreclosure, with the new owner not yet in physical possession. Squatters identify the period of transition and move in. Common Long Island scenario in lower-priced inventory.
Long-term vacant relocation property
Owner relocated, left the house empty, didn’t maintain physical security or visit frequently. Over months or years, squatters established residence. The ‘I’ll come back periodically’ approach failed.
Family or ‘guest’ situation gone bad
A family member or friend was given temporary permission to stay, the situation deteriorated, the original permission was revoked but the person has remained. This is sometimes a more complicated case because the original permission can support tenant-like claims, the analysis depends on the specific facts.
How NY Cash Sale handles squatter situations
We are a Long Island cash buyer, principal not agent. Squatter-occupied properties are part of our pipeline, and we have the legal and operational setup to handle them post-closing.
The way it actually goes:
- You submit your address (or call us). Within about 5 minutes, our team calls back. We can coordinate the conversation around your situation, including whether you want to be involved in the removal post-closing or hand it off entirely.
- The first conversation is roughly 10 minutes. We confirm the basics: where the property is, when you discovered the squatters, what you know about their identity and timeline, what removal steps (if any) you’ve taken, your timeline for sale.
- We schedule a walkthrough if access is feasible (often it isn’t, in active squatter situations). Sight-unseen offers using exterior assessment, photos available, and comparable Long Island data.
- Within 24 hours of the walkthrough we send a written cash offer. The offer accounts for the underwritten removal cost and any expected property condition issues.
- If you accept, we sign a contract with a 10% non-refundable deposit. Standard contract language with disclosure of the squatter situation, typically a ‘sold subject to occupancy of unauthorized parties’ provision.
- Closing happens in 14 to 30 days. We take title with the squatter in place and pursue lawful removal post-closing.
We pay all closing costs on our side, you do not bring money to the table. Whether the squatter situation has been resolved already, is in process, or hasn’t been addressed yet, the 10-minute call is the fastest way to know what your specific situation nets in an as-is sale.