How squatters’ rights in New York were defanged through seven words added to state law

Susan Weir, the owner of a Queens house taken over by seven squatters, expressed gratitude at a March rally for the support from the community.

Photo by Iryna Shkurhan

Seven words added to New York state law in the recently-passed state budget both weakens the power of squatters, and gives homeowners a sense of security.

The legal change now clearly states that “a tenant shall not include a squatter,” thereby stripping squatters of their tenant rights, and making it easier for police to remove them without forcing the owner to resolve the issue in housing court – a process that can take years and expensive legal fees.

The passage of the law in the state’s fiscal budget for 2025 can be attributed to two elected officials in northeast Queens, who introduced legislation earlier this month after seeing a rise in squatters cases across Queens. 

Queens state Senator John C. Liu (D-Bayside) and Assembly Member Ron Kim (D-Flushing) both introduced laws in their respective chambers to formally define squatters as separate from tenants earlier this month. While their bills were just getting started, Governor Kathy Hochul took note and signed off on a housing law that included language from their legislation. 

“It was important that we acted with urgency to send a strong message to squatters who take over private homes that they are not welcome in our community. Scam artists who intrude on others’ homes should not have rights as tenants in state housing law, and this inclusion in the budget codifies that in simple, straightforward language,” Liu said in a statement. 

A case that spurred change

The legislation defines squatters as those who take over private property without permission of the owner, the owner’s agent or another person entitled to possession of the property. The law previously allowed squatters to claim tenants rights after residing on the property for 30 days without needing proof of a lease. 

One Flushing…