Recent incidents involving alleged squatters in New York City have left many with questions about squatters' rights and the laws in New York as it appears to more lenient than other states.
According to the American Apartment Owners Association, a squatter is any individual who decides to inhabit a piece of land or a building in which they have no legal right to occupy. The squatter lives in the building or on the property they select without paying rent and without lawful documentation stating they own the property.
Earlier in March, a New York property owner was arrested over unlawful eviction after confronting a group of alleged squatters who had taken over her deceased parents' home in Flushing, Queens, ABC 7 reported. While the woman held the property's deed, one man said he was on a lease for the house—which meant the property owner was barred from evicting him.
The ongoing dispute between landlords and squatters has only grown, as federal and local authorities try to balance skyrocketing rent prices with more tenants' rights—including moratoriums on evictions, which sparked landlords' anger.
Disputes between squatters and landlords often become lengthy legal battles, with homeowners trying to reclaim their property and squatters exercising their rights to stay. While squatters rights, also known as "adverse possession" laws, exist in all 50 states across the U.S., how and when these laws are enforced differ from state to state.
In New York state, a person living in a property without the owner's consent can claim ownership of it if they maintain a continuous presence on the property for at least 10 years for residential properties and 20 years for vacant land.
They must treat the property as their own, making improvements to it and taking steps to maintain it. They must also have exclusive possession of the property, meaning they cannot share it with the true owner or anyone else.
However, in New York City, squatters cannot be easily removed from the property if they have been living in it for 30 days, as landlords must then navigate the city's eviction laws—entering a process that can take around two years to complete. Before the process ends, owners cannot change the locks on the properties or remove squatters' belongings.
If someone claims to be a tenant, they cannot be arrested for trespassing and legal steps must be taken to evict them.
These laws have led to some lawmakers taking action after a state assemblyman from Long Island recently filed a bill that would make it easier for a homeowner to remove a squatter from their property.
"It's an unfortunate, upside down world," State Assemblyman Jake Blumencranz, a Republican representing District 15 told ABC 7NY. "They know how to work the law to stay for a certain number of days to work the system."
Newsweek has reached out to Blumencranz's office via email for comment.
The recently filed bill states that a tenant does not include squatters. It also gives someone rights after 45 days, not 30 as many short-term rentals in NYC are required to be 30 days long.
The bill would also allow police to intervene and make arrests instead of having to go through the lengthy court process.
"We're making sure squatters can't take advantage of the law, that's all we're doing," Blumencranz said.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more
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