Is Squatting Legal in New York After the 2026 Regulatory Updates?

No. Squatting in New York is illegal and treated as criminal trespass or burglary, with penalties escalating under 2026 enforcement reforms targeting vacant property exploitation. Landlords must pursue eviction through court orders, while law enforcement prioritizes removal under NY Penal Law § 140.05–140.20. Adverse possession claims face stringent 10-year occupancy requirements under Real Property Actions and Proceedings Law § 501, rarely satisfied in urban areas.

Key Regulations for Squatting in New York

  • Criminal Trespass (NY Penal Law § 140.05–140.20): Occupying a property without legal title or consent constitutes a misdemeanor or felony, depending on forceful entry or duration. Law enforcement may arrest without a warrant if the occupant refuses to vacate upon request.
  • Adverse Possession (RPAPL § 501): Requires 10 consecutive years of open, notorious, and hostile possession with payment of property taxes. Courts scrutinize claims in densely populated boroughs due to limited applicability.
  • Vacant Property Enforcement (2026 Local Law 12): The NYC Department of Buildings and NYPD now collaborate to identify and penalize squatters in abandoned buildings, imposing fines up to $10,000 for negligent property owners facilitating occupation.

Property owners must secure premises with locks, surveillance, and prompt legal action to mitigate risks. Squatters exploiting loopholes face immediate eviction under expedited housing court procedures, while landlords bear the burden of proving ownership to avoid prolonged disputes.