Landlord Can Evict Squatters

April 1, 1995

LVT Number: 9565

Squatters sued landlord City of New York after landlord removed them from apartments by either locking them out or escorting them out with police present. The trial court ordered landlord to allow squatters to move back in pending normal eviction proceedings. Landlord appealed and the court ruled for landlord. The squatters had, without permission, moved into vacant city-owned apartments and lived there for 30 to 60 days without having leases or paying rent. The city as landlord has the right to evict squatters by self-help and isn't required to bring an eviction proceeding.

Squatters sued landlord City of New York after landlord removed them from apartments by either locking them out or escorting them out with police present. The trial court ordered landlord to allow squatters to move back in pending normal eviction proceedings. Landlord appealed and the court ruled for landlord. The squatters had, without permission, moved into vacant city-owned apartments and lived there for 30 to 60 days without having leases or paying rent. The city as landlord has the right to evict squatters by self-help and isn't required to bring an eviction proceeding. Trespassers or illegal occupants may be removed this way as long as it is done without violence.

Caminero v. City of New York: NYLJ, p. 25, col. 2 (3/7/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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