How to Legally Evict Squatters vs. Holdover Licensees in New York: 2024 Law Updates

Step-by-Step Process in New York Housing Courts

Removing someone from your property in New York can be incredibly frustrating. Whether you own a brownstone in Brooklyn, a multi-family home in Buffalo, or an apartment in Albany, you must follow strict legal procedures in the local Civil Court or Housing Court. The 2024 legislative updates explicitly clarified that squatters are not tenants, yet the legal lines between a squatter and a licensee remain blurred. You do not have to handle this stressful situation alone; browsing our directory to find a highly experienced local lawyer is the best way to protect your property rights.

Step 1: Identifying the Occupant's Legal Status

Before taking any action, you must determine if the person is a squatter, a holdover tenant, or a licensee. A squatter enters without any permission. A licensee is someone who was invited in (like a romantic partner or family member) but whose permission has been revoked. Under N.Y. Real Prop. Acts. Law § 713, licensees and squatters are handled through special proceedings, unlike traditional landlord-tenant non-payment cases.

Step 2: Serving the Proper Notice to Quit

For licensees, New York law generally requires you to serve a 10-day notice to quit under N.Y. Real Prop. Acts. Law § 713. This document must be formally served, often requiring a licensed process server. If the person is a true squatter who broke into a vacant property, the 2024 laws streamlined the process, but serving a 10-day notice is still the standard protective measure to avoid court delays if the occupant falsely claims they had permission.

Step 3: Filing the Holdover Petition

If the occupant refuses to leave after the notice period expires, your lawyer will file a notice of petition alongside an eviction petition using Form UCS-LTH2, New York, New York State Unified Court System, Eviction Petition - Holdover. You must file this in the court where the property is located, such as the New York City Civil Court, Queens County, Jamaica or Buffalo City Court, Buffalo. The court will then assign a hearing date.

Step 4: The Hearing and Warrant of Eviction

At the hearing, you must prove you are the rightful owner and the occupant has no legal right to stay. If the judge rules in your favor, they will issue a Warrant of Eviction. Only a City Marshal or County Sheriff can execute this warrant. The New York City Police Department, New York or local upstate police cannot physically remove someone without this specific court order.

The 2024 Legislative Updates and the 30-Day Rule

For years, New York's 30-day occupancy threshold caused nightmares for property owners. Previously, anyone who managed to stay in a property for 30 days claimed "tenant rights," forcing a lengthy eviction. The 2024 amendments to the housing laws specifically redefined the term "tenant" to exclude squatters, meaning a trespasser does not magically gain legal tenant protections simply by hiding out for 30 days. However, this rule applies differently depending on the occupant's original entry.

Unknown Transient Squatters

A true squatter breaks into an empty home. Under the updated N.Y. Real Prop. Acts. Law § 711 definitions, these individuals never had a lawful right to enter. While the new laws aim to allow police to remove blatant trespassers faster, savvy squatters often produce fake leases. When this happens, police will declare it a "civil matter," forcing you to initiate a holdover proceeding in Housing Court to let a judge examine the fraudulent documents. In landmark squatter cases like Paulino v. Wright, 210 A.D.2d 171 (NY App. Div. 1994), New York courts confirmed that squatters hold no legitimate property interest in the premises, yet resolving conflicting claims of legal occupancy still requires judicial review.

Invited Guests and Romantic Partners (Licensees)

If you invited a romantic partner, friend, or relative to stay with you, they are not squatters; they are licensees. Because you gave them initial permission, they hold a slightly higher legal status. Once you tell them to leave, their license is revoked. You must formally serve them a 10-day notice to quit. You cannot simply throw their belongings onto the street, even if they never paid rent.

Fired Live-In Employees

Building superintendents, nannies, or caretakers who receive housing as part of their employment are a unique category. When their employment is terminated, their right to the housing ends immediately. However, you must still follow the legal eviction process. They are generally treated as licensees under N.Y. Real Prop. Acts. Law § 713(11), requiring a formal notice before you can regain possession of the unit.

Criminal Penalties for Self-Help Lockouts

No matter how frustrating the situation is, "self-help" evictions are strictly prohibited in New York. Under N.Y. Real Prop. Acts. Law § 768 (and N.Y.C. Admin. Code § 26-521 within New York City), changing the locks, shutting off the water, cutting the power, or physically intimidating an occupant to leave is a Class A misdemeanor. Landlords who engage in illegal lockouts face criminal arrest and can be sued in civil court for treble (triple) damages under N.Y. Real Prop. Acts. Law § 853.

How Much Does it Cost in New York?

Evicting a squatter or licensee can be a costly endeavor, especially if the occupant hires free legal aid to delay the process.

How Long Does the Process Take?

While a 10-Day Notice sounds fast, the reality of the New York court system is much slower. Getting a court date can take 4 to 8 weeks. If the occupant requests adjournments or claims they need time to find a lawyer, the judge will almost certainly grant delays. A typical holdover proceeding against a squatter or licensee takes anywhere from 3 to 6 months to result in a physical lockout by a Marshal.

Frequently Asked Questions (FAQ)