LEGAL CORNER: A Small but Significant Change: A ‘Squatter’ is Not a ‘Tenant’
Editor’s Note
: The following is an update to Legal Corner author John Dolgetta’s column published in March 2024 entitled “Squatters’ Rights & Adverse Possession Issues.”
A noteworthy legislative amendment was the exclusion of “squatters” from the definition of “tenant” under the current tenancy laws.
The topic of squatters and squatters’ rights was the focus of the March 2024 article in the Legal Corner
[ see
https://bit.ly/4dyh0Y6
]. In the article, it was highlighted that once a squatter gained possession of and occupied an apartment or home, in certain instances, for more than 30 days, the squatter would obtain the rights of a tenant and formal eviction proceedings would need to be commenced in order to remove the individual(s).
However, the change made to Section 711 of the Real Property Actions and Proceedings Law specifically and unequivocally excludes a “squatter” from the definition of a tenant. The following language was added to the section, “[a] tenant shall not include a squatter. For the purposes of this section, a squatter is a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy the property without title, right or permission of the owner or owner's agent or a person entitled to possession.” This small but significant change should now provide law enforcement officials with the authority and basis to remove a squatter immediately without the need for homeowners and landlords to file formal eviction proceedings at considerable expense in order to gain access to their own property, which was being unlawfully occupied.
Legal Column author John Dolgetta, Esq. is the principal of the law firm of Dolgetta Law, PLLC. For information about Dolgetta Law, PLLC and John Dolgetta, Esq., please visit
http://www.dolgettalaw.com
. The foregoing article is for informational purposes only and does not confer an attorney-client relationship and shall not be considered legal advice. The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the views or positions of HGAR, its affiliates, or any other entity.
Editor’s Note : The following is an update to Legal Corner author John Dolgetta’s column published in March 2024 entitled “Squatters’ Rights & Adverse Possession Issues.”
A noteworthy legislative amendment was the exclusion of “squatters” from the definition of “tenant” under the current tenancy laws.
The topic of squatters and squatters’ rights was the focus of the March 2024 article in the Legal Corner [ see https://bit.ly/4dyh0Y6 ]. In the article, it was highlighted that once a squatter gained possession of and occupied an apartment or home, in certain instances, for more than 30 days, the squatter would obtain the rights of a tenant and formal eviction proceedings would need to be commenced in order to remove the individual(s).
However, the change made to Section 711 of the Real Property Actions and Proceedings Law specifically and unequivocally excludes a “squatter” from the definition of a tenant. The following language was added to the section, “[a] tenant shall not include a squatter. For the purposes of this section, a squatter is a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy the property without title, right or permission of the owner or owner's agent or a person entitled to possession.” This small but significant change should now provide law enforcement officials with the authority and basis to remove a squatter immediately without the need for homeowners and landlords to file formal eviction proceedings at considerable expense in order to gain access to their own property, which was being unlawfully occupied.
Legal Column author John Dolgetta, Esq. is the principal of the law firm of Dolgetta Law, PLLC. For information about Dolgetta Law, PLLC and John Dolgetta, Esq., please visit http://www.dolgettalaw.com . The foregoing article is for informational purposes only and does not confer an attorney-client relationship and shall not be considered legal advice. The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the views or positions of HGAR, its affiliates, or any other entity.
